Garissa, Laikipia enter deal with Jogoo House in a bid to unlock county issued bursaries

Busia Senator, Okiya Omtatah

Controller of Budget, Margret Nyakang’o, directed that for county governments to offer educational support towards national government functions, there is a need to transfer the function.

Earlier this year, Nyakang'o, in a communication to all County Executive Committee Members (CECMs) of Finance, said any requisition for withdrawal of funds to perform functions under the national government must be accompanied by an intergovernmental agreement.

Following an outcry by counties, Nyakang’o and the Council of Governors entered into an agreement that would see the devolved unities to continue issuing the bursaries.

However, the high court in February this year reinstated the ban ,with Justice Samuel Mohochi barring the CoB from withdrawing, retracting, or interfering with its circular issued on January 14th, 2025.

In the case filed by Katiba Institute, and a citizen, Laban Omusundi, the Nakuru based judge directed; 'A temporary conservatory is hereby issued, restraining the 3rd Respondent from going against its Circular to authorise and approve any county requisitions for expenditure on bursaries and other education support programs targeted at universities, primary, secondary, and special schools which are not accompanied by requisite inter-governmental transfer agreements.”

Even as the case is still pending and awaiting determination, the counties have begun signing agreements with the Ministry of Education in a bid to address the legal landmines.

Garissa and Laikipia counties say they have entered into partnerships, a move likely to raise a fresh legal storm.

Busia Senator Okiya Omatatah has warned that the counties are misapplying the law, saying such agreements can not override an express provision of the Constitution.

According to Omatatah, Article 53 of the Constitution makes basic education free and compulsory for every child, and thus makes it illogical for any level of government to purport to issue bursaries.

He argues that education functions, save for Early Childhood Development Education (ECDE), are a fully national function according to the Constitution and thus counties can not utilise funds to finance what is not provided for by law.

“Equally, the sharing of resources and budgets is done in line with the functions of each level of government. Counties do not receive funds for the education function, so where then do they get the budget from to issue bursaries?” Omatatah wondered.

Garissa Governor Nathif Jama and his Laikipia counterpart Joshua Irungu, in a notice appearing in the latest Kenya gazette notice dated 5th November, 2025, have asked the public to scrutinise the deal at either the county headquarters or Jogoo House in Nairobi.

According to the duo, the deal seeks to provide for a structural framework for partnership between the National Government and the County Government in the issuance of bursaries and scholarships.

To promote transparency and accountability in the utilisation and management of bursaries and scholarships in the education sector.

“To promote sharing of resources in education service delivery, and enhance and promote equitable access to quality and inclusive education,” Jamah and Irungu state in their separate but similar notices.

The two counties cite Article 187 of the Constitution and provisions of the County Governments Act and section 26 of the Intergovernmental Relations Act as guiding principles to the pact.

In May, Justice Mohochi clarified that the conservatory orders he issued blocked counties from the new financial year and that already approved bursary allocations can be disbursed.

“For clarity and avoidance of doubt, this court hereby clarifies that the temporary conservatory orders issued by this court had the effect of only restraining the parties from processing, issuing, or approving fresh bursaries during the pendency of this petition,” he ruled.