National Treasury CS John Mbadi has weighed in on the Controller of Budget's directive barring county governments from administering bursaries.
Margaret Nyakang'o had on Thursday banned devolved units from issuing bursaries to learners in primary, secondary and institutions of higher learning.
The order triggered fury from counties with governors fighting back, faulting Nyakang'o for what they claimed was a wrongly timed directive when she had approved budgets for bursaries.
On Friday Mbadi said while the Controller of Budget cited legal provisions, there should be talks to arrive at a middle ground so that learners are not used as collateral.
He said the public had through public participation approved counties to administer bursaries and therefore it would be logical to engage in dialogue to avert the suffering of learners.
"There can be occurrence with the national government if that is what is required, I don't see if there is anything difficult and impossible for us to engage together and give that authority or space to counties to continue executing their mandate,'' Mbadi said.
The CS said the reality on the ground is that learners from poor families who benefit from bursaries will suffer if there are no talks to correct the situation.
"The Controller of Budget cited constitutional provisions. There is the law and there is reality and practicality. The reality and practicality is that there is still a challenge in funding our education system part of which is that parents cannot afford to make the payment that is required to subsidise the education of their children,'' he said.
"Therefore the government at whatever level should come in. What I think needs to be done is that we can make sure we comply with the constitutional provisions, have as a responsibility to fund early childhood education but there is provision that there can be concurrence,'' he said.
In a letter dated January 14, the CoB said the county governments have no legal basis to finance students in post-nursery schools, saying that the mandate is under the national government.
She said the only way county governments can run bursaries for post-primary education would be if the functions are transferred from the national government.
"Consequently, for any 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,'' Nyakango said in her letter.
The Fourth Schedule of the Constitution stipulates functions meant for county governments and the national government.
Nyakango said that Part 1 of the Fourth Schedule, designates universities, tertiary education institutions, primary schools, special education, secondary schools and special needs education institutions under the national government.
"Consequently party 2 of the Fourth Schedules under section 9 assigns pre-primary education, village polytechnics, home craft centres and childcare facilities to County governments,'' Nyakango said.
However, Nyeri Governor Mutahi Kahiga argued that bursaries are social support programmes that are intended to mitigate and are created out of necessity because people have challenges.
"They help us mitigate against poverty and cushion the poor,'' Kahiga said.
The governor said county governments are allowed by law to create funds saying his government has three funds including the Elimu and the Enterprise Development Funds.
"It is also the responsibility of any level of government that budgets to include funds including underpinning them in legislation of policy," Kahiga said.
"Within the Elimu fund, we fund students who are going to secondary schools, tertiary and universities, we pay their fees because they are unable to pay," Kahiga added.
