Muranga County on behalf of other Counties




Petition No E012 of 2024 at the Nakuru Law Courts

Laban Omusundi ....... 1st petitioner

Katiba Institute ........... 2nd petitioner

VERSUS 

Nakuru County Government..... 1st respondent

County Government of Muranga .. 2nd respondent

Office of Controller of Budget. . 3rd respondent

CS of National Treasury ..   4th respondent 

CS of Education..... 5th respondent

National Assembly.... 6th respondent

Attorney General..... 7th respondent

Senate ...... 8th respondent

Controller of Budget did clarify that the conservatory orders issued on 3rd February 2025 will not affect County budgets this current financial year. Despite this clarification, she still refused to approve County Bursary Requisitions for County Governments. Beneficiaries of County Bursaries are unable to resume school this week for lack of school fees. 

Muranga County has gone to court but the matter affects all 47 counties since they are all impacted by the actions of the Controller of Budget. Going forward, counties are not allowed to spend money on Bursaries or scholarships. There was no notice given, the result being a large number of children can't report back to school. Some counties had already issued cheques before the action taken by the Controller of Budget with the argument that this is not a devolved function. 

Both levels of Government, local and national should be interdependent, working in cooperation with each other. This is a social welfare supporting children to go to school so it should not be muddled with politics. Counties have been giving out bursaries since the advent of devolution in 2013. The question is, is it only this year that she has discovered that it is unconstitutional. A law was passed by county assemblies and she has no pwers to invalidate such a law by simply writing a letter. 

In Muranga County, around 50,000 students are under Bursary. A county like Mandera, no one pays school fees in Secondary School since all the bills are covered by the County Government. Another looming crisis is that the National Government has delayed to release funds for schools to run effectively. 

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