ODM governors have condemned the Controller of Budget (CoB) Margaret Nyakang’o for barring counties from issuing bursaries to vulnerable learners, warning that the move threatens to derail education for thousands. In her directive to county Finance CECs, Nyakang’o cited constitutional provisions, arguing that universities, secondary schools, and similar institutions fall under national government functions as per the Fourth Schedule. She asserted that counties could only intervene in these sectors after formalizing intergovernmental agreements under Article 187 of the Constitution.
Until such agreements are in place and gazetted, Nyakang’o stated, counties are prohibited from allocating funds for bursaries tied to national government functions.
However, governors Abdulswamad Nassir (Mombasa), Gladys Wanga (Homa Bay), Simba Arati (Kisii), and Anyang’ Nyong’o (Kisumu) pushed back, accusing the CoB of undermining devolution. In a joint statement, they criticized what they termed as double standards, citing instances where the national government encroached on devolved functions without intergovernmental agreements. Examples include the Housing Levy, payment of Community Health Promoters, and construction of markets.
“If financial embargoes are imposed on counties, similar restrictions should apply to the national government for its unconstitutional interventions,” the governors said.
They highlighted the critical role county bursary programs play, including Mombasa’s No Child Left Behind initiative, which benefits over 55,000 high school students. Restricting such programs, they argued, would jeopardize gains in equitable education and lead to mass school dropouts.
The governors warned that if the directive is upheld, it would cripple similar schemes across other counties, risking a nationwide education crisis.
ODM leaders called on the CoB to rescind her directive and adopt measures that respect devolution while fostering cooperation between the two levels of government.
“Devolution aims to empower counties and enhance equity. Undermining it will deepen inequalities and reverse progress. We remain steadfast in protecting the right to education for all Kenyans,” the statement concluded.
The debate underscores the ongoing tension between national and county governments over devolved functions, with education now at the center of the dispute.
