CoG: Issuance of bursaries by counties within the law

Governors have come out to reprimand the Controller of Budget Margaret Nyakang'o over her decision to ban the issuance of bursaries by county governments.

The Controller of Budget’s circular insinuated that county governments are undertaking a national government function by issuing bursaries. 

In a statement, Council of Governor chair Ahmed Abdullahi said the argument that bursary is an exclusive function of the national government is not constitutionally founded.

“We wish to reiterate that county governments are not taking up the national government’s functions by offering bursaries to needy children. The law does not explicitly assign the governing of bursaries to either of the two levels of government,” he stated.

Abdullahi further said the policy position negates, undermines and whittles down efforts that the two levels of government have made in advancing social protection as a constitutional right and a development agenda.

“The principles that underscore social protection require that you do not leave beneficiaries of social protection more vulnerable but instead increasingly restore their dignity. The question begs, what is the fate of the students who are poor and vulnerable and depend on this support?” he posed.

He added that county budgets including the allocations for bursaries undergo public participation and therefore are approved by the community.

“The inclusion of the bursary is a priority of the community and resonates with Article 174(d and e) as read together with the Fourth Schedule part (2) paragraph 14 which calls on county governments to ensure and coordinate the participation of communities and locations in governance at the local level by assisting the educational capacity of their communities,” he explained.

He called on the Controller of Budget to appreciate and uphold decisions made by the county assemblies on approved budgets.

CoG affirmed its commitment to supporting the most vulnerable in devolved units.

In a letter to governors dated January 14, Nyakang’o noted that students joining the University and other tertiary institutions should not be getting bursaries from the county governments as that is a reserve of the national government.