Aasai

A cloud of legal uncertainty has stalled bursary disbursements across counties, prompting Controller of Budget Dr. Margaret Nyakang’o to urgently seek clarity from the Nakuru High Court. In her application, she aims to resolve confusion arising from conflicting court orders that have left thousands of needy students in limbo.

At the center of the standoff is Circular No. 1 of 2025, a directive from Nyakang’o’s office outlining the legal framework for county bursary approvals. A February court order both affirmed and limited the circular’s enforcement, leading to selective interpretations that have hindered the Controller’s ability to act. The petition was filed by Laban Omusundi and Katiba Institute, targeting how counties manage education-related public finances.

While some court orders uphold the circular’s validity, others—like Order 7—bar the Controller from approving bursaries without formal inter-governmental agreements. Additionally, Order 9 blocks counties like Nakuru and Murang’a from issuing bursaries beyond the current financial year, effectively freezing further support for new beneficiaries.

Dr. Nyakang’o warns that the lack of comprehensive judicial guidance puts her office at legal risk and has already stalled bursary approvals. Her move comes amid fresh contempt proceedings filed by Murang’a County, accusing her of failing to comply with the disputed court directives.