Controller of Budget facing pressure from counties, politicians over bursaries

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The Controller of Budget (CoB), Margaret Nyakang'o, has exposed alleged political interference by county governments in bursary disbursements.

Despite three court orders stopping counties from disbursing bursaries to institutions beyond their scope, including primary, secondary and tertiary institutions, Nyakang'o maintained that her office had received several requisition requests.

Through her lawyer Brian Mutie, Nyakang'o sought clarification before a three-judge bench on whether the orders issued would apply in the financial year 2026/2027.

The orders issued on February 3, 2025, April 8, 2025 and June 17, 2025, stopped the county government from disbursing new bursaries until a case filed by Katiba Institute and Laban Omusundi was heard and determined.

"The CoB is barred from approving new bursaries to the county government until the petition on the same is heard and determined," the High Court ruled.

However, on Wednesday afternoon Mutie informed Judges Patricia Gichohi, Julius Nangea and Samuel Mohochi that the office of the CoB was facing immense pressure from politicians and counties.

Mutie stated that county governments were actively submitting bursary and educational-support requisitions for the CoB's approval.

"The Applicant is unable to determine, without the guidance of this Honourable Court, whether the conservatory orders issued on June 17 2025, extend to requisitions for the Financial Year 2026/2027," he deposed.

According to Mutie, without clarification, the office would be exposed to real risks of either contempt of the subsisting orders or unlawful obstruction of constitutionally sanctioned county expenditure.

He said that the office may further prejudice thousands of learners awaiting bursary disbursement.

"The CoB seeks clarifications on whether the orders apply in the new financial year. The CoB believes that the orders only stopped issuance of bursaries for the financial year 2025/2026," he submitted.

However, the Katiba Institute exposed the CoB for seeking clarification knowing too well that the High Court had issued two clarifications on how her office should proceed.

Through Lawyer Henry Gichana, the institute deposed that it was based on a circular by the CoB dated January 14, 2025, that they filed the petition.

"The CoB cannot seek clarifications over its function because the same is contained in a circular where it stopped counties from issuing bursaries to the institutes it had no jurisdiction over," submitted Dr Gichana.

On January 14, 2025, the COB clarified that counties are only allowed to disburse bursaries to pre-primary education, village polytechnics, home craft centres and childcare facilities.

Gichana added that the CoB's circular was backed by the conservatory orders issued by the court. He noted that the same orders were clarified twice.

"The CoB comes back to court and forgets that it had sought clarifications twice. The court maintained that its orders were unambiguous and that it had given strict directions. The application is thus made in bad faith, and it delays the case," said Gichana.

Gichana urged the court to dismiss the application as incompetent and a waste of time, and to allow the petition on bursary disbursements to proceed.

Judge Mohochi also clarified that the orders issued were unambiguous and that counties could disburse bursaries only if they signed an intergovernmental agreement with the national government.

The judges declined to clarify the orders and set September 29 for hearing of the application by CoB.