Murang’a county sues controller Nyakang’o for defying court order on bursaries
Bursary Description
Published on: April 28, 2025 06:55 (EAT)
In its application, the county government claims Dr. Nyakang’o has refused to approve bursary requisitions, despite a clarification by Justice Samuel Mohochi on April 8. Justice Mohochi had explained that his earlier conservatory orders, issued on February 3, only barred counties from processing bursaries extending beyond the current financial year but allowed existing programs to continue.
Murang’a County has filed an application in court seeking to have Controller of Budget Dr. Margaret Nyakang’o cited for contempt and committed to civil jail, accusing her of defying a court order allowing counties to process bursaries for the current financial year.
In its application, the county government claims Dr. Nyakang’o has refused to approve bursary requisitions, despite a clarification by Justice Samuel Mohochi on April 8. Justice Mohochi had explained that his earlier conservatory orders, issued on February 3, only barred counties from processing bursaries extending beyond the current financial year but allowed existing programs to continue.
Through its advocate Julia Munyua, Murang’a County argues that Dr. Nyakang’o’s refusal amounts to willful disobedience of a court order.
The county is seeking a six-month civil jail term for Dr. Nyakang’o or any other penalty the court deems appropriate.
In a sworn affidavit, Murang’a County Secretary Dr. Newton Mwangi warned that thousands of students could be locked out of school when the second term opens, due to the Controller’s alleged refusal to release bursary funds.
The dispute traces back to a case filed by Nakuru-based activist Laban Omusundi and the Katiba Institute.
They challenged a circular issued by the Controller of Budget on January 14, 2025, which barred counties from disbursing bursaries to primary, secondary, and tertiary institutions, arguing such allocations were unauthorized by law.
Following backlash from the Council of Governors (CoG) and intervention by Deputy President Kithure Kindiki, Dr. Nyakang’o later issued guidance advising counties to either establish independent bursary funds or enter into Intergovernmental Participation Agreements with the Ministry of Education to continue supporting students.
However, the petitioners allege that Dr. Nyakang’o was pressured to retract her directive under intense opposition from county governors. They further accuse Nakuru and Murang’a counties of issuing bursaries with lifespans of up to four years, which they argue contravenes the law.
Respondents in the case include Nakuru and Murang’a counties, the Controller of Budget, Cabinet Secretaries for the National Treasury and Education, the National Assembly, and the Attorney General.
Interested parties listed are the Council of Governors, the National Government Constituencies Development Fund Board, the Government Affirmative Action Fund Board, the Law Society of Kenya, and the Ministry of Labour and Social Protection.
Advocate Munyua stressed that public interest demands the continuation of bursary programs, while lawyer Caleb Nyamwange argued that counties have issued bursaries uninterrupted since the start of devolution in 2013.
The case is scheduled for mention on Tuesday, April 29.