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The Council of Governors (CoG) has defended the right of county governments to issue bursaries to needy students within their jurisdiction.

In a statement issued on Friday, January 17, 2025, and signed by the CoG chair, Abdullahi Ahmed, the governors’ body said their attention is drawn to the circular by the Controller of Budget and the press statement by the Intergovernmental Relations Technical Committee (IGRTC) on the provision of bursaries by county governments.

“We note with concern that the Controller of Budget’s circular insinuates that county governments are undertaking a national government function by issuance of bursaries. Further, by the circular, the controller purports to direct counties on the management of its functions.

“We also note that IGRTC in their statement, acknowledges that a majority of pre-primary, primary and secondary education institutions are inter-linked. IGRTC also admits that currently, there is a lacuna of legislation to guide the issues of bursaries and scholarships within the country,” the statement read in part.

CoG said that they, in issuing bursaries, are not taking up any function that is constitutionally mandated to the national government.

“In this regard, we wish to reiterate that county governments are not taking up the national government’s functions by offering bursaries to needy children. The law does not explicitly assign the governing of bursaries to either of the two levels of government,” it said.

Legal provisions

In their defence to continue issuing bursaries, CoG cited Article 43 of the Constitution which highlights social protection, while part i (f) of the same article indicates that ‘Every person has the right to education’.

It also cited Article 43(3) of the Constitution that obligates the State i.e. the National and County Governments to provide appropriate social security and social protection, to persons who are unable to support themselves and their dependants.

“Therefore, the argument that bursary is an exclusive function of the national government is not constitutionally founded.

“Additionally, the policy position negates, undermines and/ or whittles down the efforts that the two levels of government have made to advance social protection as a constitutional right and a development agenda.

“The principles that underscore social protection require that you do not leave beneficiaries of social protection more vulnerable but instead increasingly restore their dignity. Question begs, what is the fate of the students who are poor and vulnerable and depend on this support?” the statement added.

According to CoG, the county budgets including the budgets for bursaries undergo public participation and therefore are approved by the community.

“The inclusion of the bursary is a priority of the community and resonates with Article 174(d&e) as read together with the Fourth Schedule part (2)paragraph 14 which calls on County Governments to ensure and coordinate the participation of communities and locations in governance at the local level by assisting the educational capacity of their communities,” it stated.

It also called upon the Controller of Budget to appreciate and uphold decisions made by the County Assemblies on approved budgets.