The suspension had followed a February court decision that stopped the implementation of an agreement between the Controller of Budget (CoB) and the Council of Governors (CoG), which had allowed counties to issue bursaries to learning institutions beyond their legal mandate.
Justice Samwel Mohochi had issued temporary orders barring Controller of Budget Margaret Nyakang’o from withdrawing a circular dated January 14, 2025. In the circular, Nyakang’o directed counties to stop funding bursaries for primary and secondary schools as well as universities, stating that such support was not provided for under the law.
Following consultations with the Council of Governors, the CoB later softened her stance, allowing counties to continue issuing bursaries. However, the court maintained restrictions preventing counties from requisitioning funds for bursaries and other education support programmes that lacked proper intergovernmental transfer agreements.
Justice Mohochi further ruled that the restrictions also applied to education support programmes targeting universities, primary, secondary and special schools. He also barred the Controller of Budget from implementing any resolutions reached during the Intergovernmental Budget and Economic Council (IBEC) meeting held on January 27.
With the court now lifting the orders, county governments have been cleared to proceed with bursary issuance.
A spot check across several counties shows the exercise has resumed, with students once again receiving financial support to continue with their education.
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