Issuance of bursaries is set to delay further after the High Court, on Monday, issued conservatory orders restraining the Controller of Budget (CoB) from withdrawing, retracting, or interfering with its circular issued on January 14, 2025.
This comes after a lobby group, the Katiba Institute, and a citizen, Laban Omusundi, filed a petition of urgency at the Nakuru Court before Justice Samuel Mukira Mohochi demanding the court prevent interference with the order.
“A temporary conservatory order is hereby issued restraining the 3rd respondent (CoB) from withdrawing, retracting, and or interfering with its circular (OCOB/CIRCULAR NO. 1/2025) issued on January 14, 2025,” Justice Mohochi directed.
“A temporary conservatory is hereby issued, restraining the 3rd Respondent from going against its Circular to authorise and approve any county requisitions for expenditure on bursaries and other education support programs targeted at universities, primary, secondary, and special schools which are not accompanied by requisite inter-governmental transfer agreements,” read part of the ruling.
In the circular, the CoB noted that county governments cannot constitutionally use their funds to support national government functions.
The Court has also restrained the office of CoB Margaret Nyakang’o from implementing any agreement reached with the Council of Governors during the recently concluded Intergovernmental Budget and Economic Council (IBEC) meeting chaired by Deputy President Kithure Kindiki.
“A temporary conservatory is hereby issued, restraining the 3rd Respondent from implementing any agreement reached with the 1st Interested Party during the 26 deg Intergovernmental Budget and Economic Council in so far as the agreement undermines the contents of the Circular and the reliefs sought under Paragraphs 104 (A), (B) and (E) of this Petition,” Justice Mohochi added.
The court further directed that county governments be barred from issuing new bursaries or extending bursary allocations to new beneficiaries beyond the current financial year.
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