The Intergovernmental Relations Technical Committee (IGRTC) has called on county governments to establish intergovernmental partnerships with the national government to streamline the devolution of education support functions. This follows a recent circular issued by the Controller of Budget, Margaret Nyakang’o, outlining the requirements for counties to participate in providing educational support.
The circular emphasized that for counties to legally offer education support services, they must adhere to Article 187 of the Constitution and Section 26 of the Intergovernmental Relations Act, Cap 265F. These legal provisions mandate the formulation of an intergovernmental agreement, which must be authorized by a designated person and subsequently published in the Kenya Gazette.
According to Saadia Kontoma, Vice Chairperson of IGRTC, the lack of legislation governing bursaries and scholarships has created a grey area in education support functions. While the Constitution designates pre-primary education as a devolved function, the majority of primary, secondary, and tertiary institutions fall under the purview of the national government. This overlap has led to inefficiencies and gaps in service delivery.
Kontoma highlighted the importance of clear mechanisms to ensure proper funding for any education support functions transferred to counties. She noted that an intergovernmental agreement would provide the necessary framework for coordinating and financing these functions, thus preventing potential conflicts or redundancies between the two levels of government.
Part 1 of the Fourth Schedule of the Constitution places the responsibility for universities, tertiary educational institutions, primary and secondary schools, special education, and related institutions squarely under the national government. However, counties have expressed interest in supporting these areas, particularly through bursaries and scholarships for needy students.
The Controller of Budget’s circular clarifies that counties intending to engage in such support must comply with constitutional and legislative provisions. This includes ensuring that any transferred functions are accompanied by adequate funding mechanisms.
The IGRTC’s call comes at a critical time when many counties are seeking to expand their role in education to better address local needs. However, the process requires careful planning and collaboration. By entering into intergovernmental agreements, counties can avoid legal pitfalls while enhancing their capacity to support education initiatives.
The initiative is expected to address disparities in educational access and provide clarity on the roles of national and county governments. Stakeholders, including County Executive Committee Members, have been urged to engage actively in the formulation and implementation of these agreements.
As the dialogue on devolution evolves, this development underscores the importance of intergovernmental collaboration in achieving sustainable and effective education support across Kenya.
