The High Court has declared Kenya’s bursary system unconstitutional, citing a lack of coordination, transparency, and oversight in the distribution of funds to students.
In a judgment delivered in Petition No. E482 of 2023, the court found that the current system of issuing bursaries through the NG-CDF and county governments does not meet constitutional standards.
High Court Orders Reforms to Fix Unfair Bursary System in Kenya
The court ruled that the absence of a national bursary database, clear allocation criteria, and proper monitoring has led to unfair distribution, affecting vulnerable and marginalized learners.
The court added that the gaps in tracking, eligibility criteria, and oversight have resulted in indirect discrimination against needy students.
“The absence of a coordinated national database for tracking bursary and scholarship allocations, the lack of transparent and standardised criteria for needs assessment, and the inadequacy of oversight mechanisms for the National Government Constituencies Development Fund and county bursary funds violate Articles 10, 27, 43(1)(f), 53(1)(b), and 201 of the Constitution of Kenya, 2010,” the court ruled.
The High Court further declared that the respondents have a constitutional duty to enact reasonable legislative and policy measures to address the shortcomings identified in the judgment.
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The court ordered the government to establish a coordinated national database for bursary and scholarship allocations, develop transparent criteria for awarding bursaries and scholarships based on relative need, and strengthen oversight mechanisms to reduce political manipulation and alleged corruption.
Although the petition was only partially successful, the court directed that each party bear its own legal costs.
Court Cites Flaws in Bursary Administration
The constitutional challenge was brought by former Kiambu Governor Ferdinand Waititu, who sued the Cabinet Secretary for Education, as well as other government agencies, over the management of education bursaries in Kenya.
In his petition, Waititu argued that the country’s bursary programmes, which are run separately by the Ministry of Education, the National Government Constituencies Development Fund (NG-CDF), county governments, and other public institutions, lack coordination and fairness.
He contended that the fragmented system has resulted in unequal access to financial assistance, with some students receiving support from several schemes while many equally deserving learners are left out altogether.
The court heard that the lack of a clear, unified system has created room for political interference and the misuse of public funds, weakening efforts to ensure fair access to educational support.
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Delivering the judgment, Justice Bahati Mwamuye ruled that although the constitutional framework for financing basic education remains valid, the current administration of bursary programmes falls short of constitutional standards on equity, accountability, and transparency.
The judge said the lack of a central database for bursary and scholarship recipients makes it hard to track how funds are shared and avoid duplication.
As a result, some deserving students miss out on support, while others benefit from multiple public funding sources.
The judge also criticized the way NG-CDF bursary committees are formed, saying that allowing Members of Parliament to appoint members weakens independent oversight and exposes the process to political influence.
The court declined to order the creation of a National Basic Education Fund, but said the government has a constitutional duty to fix the gaps in the current system and put in place reforms to ensure education funds are shared fairly, transparently, and accountably.
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