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Senators want county-established bursary funds to be scrapped because they lack legal backing.

In a radical recommendation, the Senate County Public Investments and Special Funds Committee in a report tabled in the House, said funding for primary, secondary, tertiary, and university education falls outside the devolved functions of County Governments.

“Governors should ensure that all county-established bursary funds are abolished. Under the Fourth Schedule of the Constitution, county governments are responsible for preprimary education, polytechnics, home craft centres, and childcare facilities,” reads part of the report.

The National government, on the other hand, oversees universities, tertiary institutions, primary, secondary schools, special education, and research institutions.

Funds allotment

However, counties have allocated funds for bursaries across primary, secondary, tertiary, and university levels, diverting resources from their constitutionally devolved functions.

“Resources currently allocated to bursaries should be redirected towards essential county responsibilities as outlined in the Constitution,” the report reads in part.

The lawmakers’ recommendation could open a new battlefront with the County Chiefs and the Ward Reps who have been disbursing bursaries to the electorate as part of an election campaign.

Governors have often argued that the funds are meant to help poor and needy students who miss out on other bursaries and scholarships offered by the national government.

In some counties, there are ward bursaries which are largely controlled by MCAs and governor’s bursaries which are managed by the executives.

“The Committee observed that there were multiple cases across various Counties where students received bursaries from multiple wards within the same County,” reads part of the report.

Equitable distribution

Additionally, certain students received bursaries from both the County Bursary Fund and other donors, further limiting the equitable distribution of resources.

This led to some deserving students missing out on financial support altogether.

The senators further charged that the county governments are operating multiple bursary funds.

“The County Executive Committee Members responsible for matters relating to Finance ensure that the bursary funds operate under a centralized system across all wards to streamline the allocation of funds,” reads part of the report.

Further, some counties are operating bursary funds without even regulations.

“The Committee observed that certain Bursary Fund regulations were made by County Executive Committee Members (CECM) under the national Public Finance Management (PFM) Act, Cap.412A,” said the committee in its report.

However, section 205(1) of the Act grants only the Cabinet Secretary responsible for matters relating to finance the authority to make regulations.

“Regulations within the County should instead be formulated under county-specific legislations,” the senators said.

Further, the Godfrey Osotsi (Vihiga)-led committee said that reliance on the national law to develop County-specific regulations highlights the inadequacy of the Offices of the County Attorney in providing necessary legal and technical advice to their counties.

“The Governors ensure the development and enactment of a County-specific Act to guide the establishment and management of Bursary Fund regulations, ensuring alignment with devolved governance structures,” the report states.

Additionally, the lawmakers called on the governors to ensure that the capacity of all county attorneys is continuously enhanced through participation in professional development activities to support compliance with constitutional and legal mandates.