Two Challenge Gov’t Over County Governments’ Bursary Funding

Two petitioners have moved to court under a certificate of urgency challenging a decision to block County governments from issuing bursaries to needy students. 

They said that the directive stopping county governments from issuing bursary funds to children was unconstitutional and meant to deny those who are from poor and disadvantaged background an opportunity to get education as other children.

The two, George Mwaura and Geoffrey Mugambi all residents of Mombasa County through their lawyer Ramadhan Salim have sued the Cabinet Secretary for Finance, the Controller of Budget and the Attorney General accusing them of trying to sabotage the county functions.

They have filed the case at Mombasa High Court before Judge Jairus Ngaah.

This comes after the COB vide circular issued on 14 January, 2025 under reference COB/CIR/002/Vol.II(62) and addressed to all county executive committee members of finance required that all withdraws for funds to perform functions categorized as national government functions under part 1 of the fourth schedule of the constitution must be accompanied by the requisite intergovernmental agreement.

They jointly told the court that the said circular was unconstitutional.

“That the above circular places a reasonable and unexpected financial restriction upon county government specifically on the issuance of bursaries for needy students even as it is the Controller of budget that approves county government requisitions, based of the itemized budget estimates arrived at the negotiations with the commission on Revenue allocations,” they said in court papers.

They further told the court that there was no any part of the law that secludes the county government from disbursing bursaries to the needy students.

They urged the court to restrain all the respondent either by themselves or the agent from acting on the said orders in any way.

The Judge directed that the matter be heard with urgency.

“I direct the respondent to file and serve their responses within 7 days of day of service of the application. The application shall be mentioned on February 19, 2025 for such directions or orders as much as deemed necessary Its so ordered,” he said.