The Council of Governors (CoG) and Treasury Cabinet Secretary (CS) John Mbadi have responded following the recent circular from the Controller of Budget and the press statement from the Intergovernmental Relations Technical Committee (IGRTC) regarding the provision of bursaries by County Governments.
In a statement on Wednesday, January 15, 2024, Controller of Budget Dr. Margaret Nyakang’o emphasized that county governments must adhere to Article 187 of the Constitution, which requires the proper transfer of functions through an intergovernmental agreement before withdrawing funds for education support.
“The Fourth Schedule of the Constitution designates universities, tertiary educational institutions, primary schools, special education, and secondary schools as functions of the national government.
Consequently, for a county government to offer educational support in these areas, there is a need to transfer the function in accordance with Article 187 of the Constitution,” the statement read in part.
Mbadi Clarifies Bursary Allocations
In response to the statement that stirred mixed reactions, CS John Mbadi stressed that counties have a primary responsibility for funding Early Childhood Education (ECDE), with provisions for collaboration with the national government where necessary.
“Counties overly have as a responsibility to fund Early Childhood Education but there is a provision that there can be a concurrence with the national government,” said Mbadi.
“If that is what is required, I don’t see anything difficult or impossible for us to engage together and give that authority to the counties to continue executing mandate.”
Mbadi added that Kenyan public approved and supported through public participation for counties to issue bursaries to learners.
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Governors Argue Constitution Allows Both Govt Levels to Manage Bursaries
On their part, the governors voiced their concerns regarding the Controller of Budget’s (COB) statement, which they believe unfairly implies that county governments are overstepping their mandate by issuing bursaries.
The governors further clarified that county governments are not encroaching on national government responsibilities by providing bursaries to needy students.
“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, the Excellency Governors, on matters of governance and policy,” the governors stated.
The County bosses emphasized that the Constitution does not specifically assign the responsibility of managing bursaries to either level of government, thus leaving room for both levels to play a role in supporting education.
“Article 43(3) of the Constitution obligates the State, i.e., the National and County Governments, to provide appropriate social security, or social protection, to persons who are unable to support themselves and their dependents.
If the Constitution intended to obligate the National Government exclusively, it would have stated so. Therefore, the argument that bursary allocation is solely a function of the National Government is not constitutionally founded,” the statement read in part.
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CoG Say Move Will Deny Students Their Right to Education
Additionally, the governors argued that the policy position undermines and diminishes the efforts made by both levels of government in advancing social protection as a constitutional right and a development agenda.
“The principles that underscore social protection require that beneficiaries are not left more vulnerable, but rather, their dignity is increasingly restored. The question begs: what is the fate of students who are poor, vulnerable, and depend on this support?” the governors posed.
They also highlighted that county budgets, including those for bursaries, undergo public participation and are approved by the community.
“The inclusion of the bursary is a priority for the community and aligns with Article 174(d&e) of the Constitution, as well as the Fourth Schedule, part (2), paragraph 14, which calls on County Governments to ensure and coordinate community participation in governance at the local level, especially in enhancing the educational capacity of their communities,” the statement further read.
At the same time, they called on IGRTC to refrain from making policy pronouncements that affect both levels of government without proper consultation. Such actions, they warned, would only create confusion and disharmony between the national and county governments.
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