The High Court in Nakuru has reinstated conservatory orders stopping counties from issuing bursaries to new beneficiaries beyond the 2024–2025 financial year. The court clarified that ongoing allocations for the current year are not affected by the decision.
Justice Samwel Mohochi, who delivered the ruling, said the matter raises serious constitutional questions and formally referred it to the Chief Justice for the empanelment of a three-judge bench to hear the petition in full.
The case was filed by activist Laban Omusundi and the Katiba Institute. It challenges a circular issued by the Office of the Controller of Budget on January 14, 2025, which outlines funding procedures that the petitioners say counties have violated.
According to the petitioners, counties should not issue bursaries for students in institutions outside their legal mandate. They argue that only learners in ECDE and vocational training colleges fall under the devolved functions provided for in the Constitution.
The court’s decision includes a 30-day stay of the conservatory orders to give Nakuru and Murang’a counties and the Attorney General time to appeal. During this period, they may proceed with preparations to challenge the ruling before the Court of Appeal.
Petitioner Laban called the decision a “second-round win,” having earlier secured temporary orders against fresh bursary awards. He is pushing for a single national bursary fund to ensure fairness and legal compliance in how education aid is issued.
The outcome of the case is expected to have far-reaching implications. It could redefine the role of county governments in education support and determine whether future bursary disbursements must follow intergovernmental agreements with the National Government.
For now, students already receiving bursaries under the current financial year remain unaffected. However, new beneficiaries seeking support in the next financial year may face delays as the legal process unfolds in the courts.