Nairobi — The Council of Governors (CoG) has defended the issuance of county-administered bursaries, citing social protection grounds and the principle of separation of powers.
County chiefs insisted that no provision in the law bars devolved units from dispensing bursaries.
In a statement on Friday, CoG Chairperson Ahmed Abdullahi highlighted a legal lacuna in legislation concerning the administration of bursaries and scholarships within the country.
In a letter dated January 14, the Controller of Budget (CoB) had stated that county governments have no legal basis to issue bursaries to students in post-primary institutions, asserting that the mandate lies with the national government.
Governor Abdullahi, referencing Article 43(3) of the Constitution, however argued that both levels of government are obligated to provide appropriate social security to individuals who cannot support themselves and their dependents.
"If the Constitution intended to obligate the National Government exclusively, it would have overtly stated so. Therefore, the argument that bursaries are an exclusive function of the National Government is not constitutionally founded," Abdullahi stated.
Transfer of function
The CoB, Margaret Nyakango, argued that county governments could only administer bursaries for post-primary education if the functions are formally transferred from the national government.
"Consequently, for any county government to offer educational support toward 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 wrote in her letter.
The devolved units emphasized that county-administered bursaries aim to advance social protection by supporting vulnerable members of society and promoting the right to education.
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"The principles that underscore social protection require that beneficiaries are not left more vulnerable but instead have their dignity increasingly restored," Abdullahi stated.
"This raises the question: what is the fate of students who are poor and vulnerable and depend on this support?" the CoG Chairperson posed.
Abdullahi defended the constitutionality of the bursaries, noting that they have been approved by county assemblies and have undergone rigorous public participation to enhance educational opportunities in communities.
"To this end, we call upon the Controller of Budget to appreciate and uphold decisions made by the County Assemblies on approved budgets. Furthermore, the Controller should address the Heads of Counties, Excellency Governors, on matters of governance and policy," Abdullahi stated.
The Fourth Schedule of the Constitution outlines the functions assigned to both county governments and the national government.
Nyakango pointed out that Part 1 of the Fourth Schedule designates functions such as universities, tertiary education institutions, primary schools, special education, secondary schools, and special needs education institutions to the national government.
"Conversely, Part 2 of the Fourth Schedule assigns pre-primary education, village polytechnics, home craft centers, and childcare facilities to county governments," Nyakango affirmed.
