Legislators have raised concerns over recent intergovernmental agreements between the Ministry of Education and five county governments, fearing they may blur constitutional boundaries regarding the division of education responsibilities.
The agreements, signed in February 2026, aim to allow counties to allocate bursaries and scholarships for learners at all educational levels, including secondary schools and universities.
The Departmental Committee on Regional Development, chaired by Peter Lochakapong (Sigor MP), expressed concerns that these partnerships may infringe on the national government’s constitutional responsibilities. While framed as cooperative efforts under Article 189 of the Constitution, the committee noted that the management of education beyond the pre-primary level is reserved for the national government under the Fourth Schedule.
“The structure and wording of the agreements go beyond consultation and appear to create overlapping roles, particularly in administering bursaries,” Lochakapong said. The agreements stem from a directive by the Office of the Controller of Budget and a High Court ruling and are intended to formalise county spending on education programmes.
Under the proposed framework, counties would identify and support vulnerable learners, mobilise resources, and manage the legal mechanisms for distributing bursaries, with the national government providing policy direction. However, MPs warned that the agreements could inadvertently transfer national education functions to counties without proper constitutional backing, as stipulated in Article 187.
Lawmakers also expressed concern about the agreements’ selective nature, with only a few counties participating, despite the bursary issue affecting all 47 counties. Kenneth Tungule (Ganze) suggested the Council of Governors should develop a nationwide framework.
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Further concerns were raised about the long-term implications, with some MPs fearing the arrangements could lead to the gradual erosion of national government functions. Additionally, lawmakers stressed the need for proper legislative oversight of any framework involving public funds.
The committee will invite key stakeholders, including the Ministry of Education and the Council of Governors, for further clarification before making a final decision. The scrutiny of these agreements comes amid growing tensions over the balance of power between the county and national government.
By Obegi Malack
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