High Court asked to clarify whether county bursary orders apply to 2026/2027

NAIROBI, Kenya, Sep 22 – The High Court has certified as urgent a case seeking clarification on whether existing conservatory orders restricting the processing and approval of bursaries apply to county bursary and educational support requisitions for the 2026/2027 financial year.

The court, however, declined to issue immediate orders ex parte, directing that the application proceeds for consideration.

“That the application is hereby certified urgent, no immediate ex parte reliefs are issued,” the order reads.

The application was filed by Controller of Budget FCPA Dr Margaret Nyakang’o, who is seeking directions on the scope of conservatory orders issued on June 17, 2025, pending the hearing and determination of a constitutional petition.

Nyakang’o says county governments have begun submitting requisitions for bursary and educational support expenditure for the 2026/2027 financial year.

The move has created uncertainty over whether the requests can lawfully be processed and approved under the existing court orders.

The Controller of Budget wants the court to determine whether the June 17, 2025 orders remain applicable to the new financial year.

The orders had restrained the processing and approval of “fresh bursaries” and bursaries for “new beneficiaries” extending beyond the 2025/2026 financial year.

The office is also asking the court, in the alternative, to set clear criteria for processing and approving bursary and educational support requisitions for 2026/2027 pending the final determination of the constitutional petition.

The Controller of Budget has further asked the court to allow her office to continue processing requisitions pending the hearing of the application where the expenditure is strictly limited to functions assigned to county governments under Part Two of the Fourth Schedule to the Constitution.

The office wants such expenditure to be processed in accordance with Circular No. COB/Circular No. 1/2025.

Nyakang’o says clarification is necessary to prevent a situation where her office could either be cited for contempt for approving expenditure contrary to the existing court orders or unlawfully withhold funds for expenditure it considers constitutionally permissible.

The uncertainty could also affect learners and families who depend on county bursaries and other educational support programmes.

The Controller of Budget says the underlying petition raises substantial constitutional questions concerning the division of functions between the national and county governments.

The petition is currently pending before a three-judge bench.

The office says the High Court has previously issued clarification and directions on similar questions concerning the 2025/2026 financial year.

Those directions included an ex-tempore ruling delivered on April 8, 2025, and a subsequent ruling issued on May 22, 2025.

Nyakang’o is now seeking similar directions for the 2026/2027 financial year, arguing that clear guidance is necessary to provide legal certainty on the processing and approval of county bursary and educational support requisitions.