The High Court has certified as urgent an application by Controller of Budget Dr Margaret Nyakang’o seeking clarification on whether existing court orders restricting bursary expenditure also apply to county bursaries for the 2026/2027 financial year. “The application is hereby certified urgent. No immediate ex parte reliefs are issued,” the court directed.
The application arises from conservatory orders issued on June 17, 2025, which restrained the processing and approval of “fresh bursaries” and bursaries for “new beneficiaries” extending beyond the 2025/2026 financial year.
Dr Nyakang’o says county governments have started submitting requisitions for bursaries and educational support for the 2026/2027 financial year, creating uncertainty over whether her office can lawfully process and approve them.
The Controller of Budget wants the court to clarify whether the June 2025 orders extend to the new financial year. Alternatively, she wants the court to provide clear criteria for processing county bursary and educational support requisitions pending determination of the constitutional petition.
Her office is also seeking permission to continue processing requisitions that are strictly limited to functions assigned to county governments under Part 2 of the Fourth Schedule to the Constitution and comply with Circular No. COB/Circular No. 1/2025.
Dr Nyakang’o argues that without clarification, her office risks either being cited for contempt for approving expenditure contrary to the court orders or unlawfully withholding expenditure that may be constitutionally permissible. She further warns that the uncertainty could affect learners and families who depend on county bursaries and other educational assistance.
The underlying petition raises constitutional questions about the division of functions between the national and county governments and is awaiting determination by a three-judge bench.
The Controller of Budget says the court previously provided directions on similar bursary issues affecting the 2025/2026 financial year. She now wants comparable guidance to provide legal certainty for 2026/2027.
