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The Orange Democratic Movement (ODM) leaders on Wednesday, January 15, 2025, warned of grave repercussions should governors be restricted from administering bursary funds for post-nursery students.

In a statement signed by ODM acting party leader Anyang Nyong’o, chairperson Gladys Wanga, and deputies Abdulswamad Sheriff Nassir (Mombasa Governor) and Simba Arati (Kisii Governor), the party described the directive as a blatant scheme to undermine devolution and constitutionalism.

The opposition party explained that the directive by the Controller of Budget Margaret Nyakang’o to impose financial restrictions on county governments would mainly affect marginalised areas which had recorded tremendous progress in promoting access to education.

They detailed that governors had been at the centre of various programs such as bursary schemes, school feeding programs, and infrastructure.

However, following an embargo placed by the Controller of Budget, ODM noted that all the programs were at risk of collapsing which in turn argued that would lead to massive school dropouts and expulsions.

“Across Kenya, county governments have implemented transformative programs to increase access to education, such as bursary schemes, school feeding programs, and infrastructure. support. These programs are now at risk of collapse. For example, in counties like Kisumu, Mombasa, Kisii, and Homa Bay, thousands of children rely on county-supported bursary programs and school initiatives to remain in school and thrive academically,” the statement read in part.

“In Mombasa, the No Child Left Behind program, the Governor’s Scholarship, and the Boarding School Bursary program benefit over 55,000 high school students. If counties are barred from meeting their financial obligations, these students face expulsion, reversing hard-won gains in equitable access to education. This scenario is not unique to Mombasa it reflects the broader risks faced by counties across the nation,” it added.

Reconsider

While opposing the move, the ODM leaders called on the Controller of Budget to lift the embargo.

They made it clear that the orders are more likely to deepen inequalities and undermine devolution which they maintained it was introduced to accelerate equitable development.

“We call on the Controller of Budget to reconsider this directive and to apply equitable measures that uphold the constitutional rights and responsibilities of both levels of government. Devolution was designed to empower counties, foster equity, and bring services closer to the people. Unilateral actions that undermine counties risk stalling progress and deepening inequalities,” they insisted.

“As leaders, we are committed to protecting the rights of all Kenyans to education and equitable development. We urge the National Government, the Controller of the Budget, and all relevant stakeholders to uphold the principles of devolution, equity, and intergovernmental cooperation for the benefit of every Kenyan.”

In a letter, Nyakang’o indicated that the county governments had no legal basis to finance students in post-primary institutions, insisting that the mandate was under the national government.

She said the only way county governments can run bursaries for post-primary education would be if the functions are transferred from the national government.

“Consequently, for any county government to offer educational support towards functions classified under Part 1 of the Fourth Schedule, there is a need to transfer the function in accordance with Article 187 of the Constitution,” Nyakango said in her letter.

Nyakango clarified that Part 1 of the Fourth Schedule, designates universities, tertiary education institutions, primary schools, special education, secondary schools and special needs education institutions under the national government.

“Consequently party 2 of the Fourth Schedules under section 9 assigns pre-primary education, village polytechnics, home craft centres and childcare facilities to County governments,” Nyakang’o noted.

Blast national government

At the same time, the opposition party called out the national government for raiding county coffers and functions. They reprimanded President William Ruto’s administration of starting to construct markets without signing intergoverntal agreements.

They also highlighted the payment of community health promoters and the imposition of the Housing Levy.

“While county governments are being targeted with embargoes, the National Government continues to act with impunity, encroaching on devolved. functions without consequence. This includes the unilateral payment of Community Health Promoters, the imposition of the Housing Levy despite housing being a devolved function, and the construction of markets without signed intergovernmental agreements.

“If financial embargoes are to be imposed on counties, the same must apply to the National Government until it complies. with constitutional provisions for intergovernmental cooperation.”

ODM Statement pic.twitter.com/YG88qBxh9c

— The ODM Party (@TheODMparty) January 15, 2025