ODM governors have condemned a decision by the Controller of Budget to bar counties from advancing bursaries to vulnerable learners saying the move risks collapsing the education sector.
In a directive issued Wednesday to county Finance CECs, Controller of Budget Margaret Nyakang’o said the constitution designates universities, tertiary educational institutions, primary schools, special education, secondary schools and special education institutions as functions of the national government.
She said counties are by law only mandated to oversee provision of pre-primary education, village polytechnics, home craft centres and childcare facilities.
“Consequently, for a county government to offer educational support towards functions classified under Part 1 of the Fourth Schedule, there is a need to transfer the function in accordance with Article 187 of the constitution,” she said.
Nyakang’o said such transfer of functions requires the formulation of an intergovernmental agreement, which must be executed by an authorised person and published in the Kenya Gazette. She said until then, she won’t be approving any expenditure towards bursaries schemes by counties.
“Therefore, any requisition for withdrawal of funds to perform functions categorised as national government functions under Part I of the Fourth Schedule must be accompanied by the requisite intergovernmental agreement as prescribed by the law,” she directed.
But in a quick rebuttle, four ODM governors termed the financial restriction double standard, and one that undermines the principles of devolution and constitutionalism.
In a joint statement, Mombasa's Abdulswamad Nassir, Gladys Wanga (Homa Bay), Simba Arati (Kisii) and Anyang' Nyong'o of Kisumu said the national government has encroached on devolved functions without consequences.
They cited payment of Community Health Promoters, imposition of the Housing Levy despite housing being a devolved function, and the construction of markets without signed intergovernmental agreements.
“If financial embargoes are to be imposed on counties, the same must apply to the national government until it complies with constitutional provisions for intergovernmental cooperation,” ODM said.
The county bosses said the restriction of counties to offer bursaries will end the education of thousands of learners across the country who are beneficiaries of the scholarships.
They cited as a case study Mombasa’s No Child Left Behind, which together with the BoardingSchool Bursary programme, caters for the education of over 55,000 high schoolers.
“If counties are barred from meeting their financial obligations, these students face expulsion, reversing hard-won gains in equitable access to education.”
They said the scenario would be replicated in all the other counties that run such programmes, including but not limited to Kisumu, Kisii, and Homa Bay.
The governors called on the Controller of Budget to reconsider her directive and to apply equitable measures that uphold the constitutional rights and responsibilities of both levels of government.
“Devolution was designed to empower counties, foster equity, and bring services closer to the people. Unilateral actions that undermine counties risk stalling progress and deepening inequalities. As leaders, we are committed to protecting the rights of all Kenyans to education and equitable development,” ODM said.