High Court Blocks DP Kindiki’s Deal With Governors
Wrangles over the allocation of bursary funding by county governments are expected to drag on much longer following a High Court decision on Monday.
The court granted conservatory orders, preventing the Controller of Budget (CoB) from withdrawing, reversing, or interfering with the circular issued on January 14, 2025.
This comes after a lobby group, the Katiba Institute, and a citizen, Laban Omusundi, filed an urgent plea in Nakuru Court before Justice Samuel Mukira Mohochi, requesting that the court not interfere with the decision.
Court Update:
— Katiba Institute (@katibainstitute) February 3, 2025
Katiba Institute and Laban Omusundi have secured conservatory orders from the High Court of Kenya at Nakuru restraining the Controller of Budget @CoB_Kenya from withdrawing, retracting or interfering with its circular issued on 14 January 2025.
In the Circular,… pic.twitter.com/xP0tqGdJgE
“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.”
According to the circular, county governments cannot constitutionally use their finances to support national government functions.
The court’s most recent ruling has handed a blow to county governments, as they can now only fund pre-primary education, village polytechnics, home craft centres, and children’s facilities.
The Court has also barred CoB Margaret Nyakang’o from enforcing any arrangement reached with the Council of Governors.
Especially those conducted 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.
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As a result, the court ordered that county governments refrain from granting new bursaries or extending bursary allocations to new beneficiaries beyond the current fiscal year.
The matter will be heard on February 18 this year, with respondents and petitioners required to react within seven days.
During the discussion between the DP and the Council of Governors, both parties agreed that counties with independent education budgets could continue to provide bursaries to the thousands of students who rely on them.
Furthermore, counties lacking such funds were directed to develop them in order to distribute bursaries or collaborate with the Ministry of Education to expedite the process.
High Court Blocks DP Kindiki’s Deal With Governors
