Controller of Budget Margaret Nyakang’o.
Faced with contempt of court proceedings for allegedly defying orders on county bursary funds approvals, Controller of Budget Margaret Nyakang’o has moved back to court seeking clarification on how to implement the decrees.
In her application dated April 30, Dr Nyakang’o is seeking interpretation of court orders first issued on February 3 and subsequently clarified on April 8, by Justice Samuel Mohochi.
The February 3 order suspended the Controller of Budget’s decision to withdraw a circular issued on January 14, 2025, barring county governments from issuing bursaries to institutions outside their jurisdictions.
Murang’a County, which is among the suing counties, sought clarification on whether the court orders affected bursary funding for the current financial year.
In his April 8 ruling, Justice Mohochi clarified that the temporary freeze orders issued on February 3 only restrained counties from processing, issuing or approving fresh bursaries extending beyond the current financial year, pending determination of the case.
However, on April 28, Murang’a County returned to court, accusing the Controller of Budget of defying the orders by refusing to approve bursary funding requisitions.
Through lawyer Julia Munyua, the county is seeking to have Dr Nyakang’o committed to civil jail for six months for contempt.
Dr Nyakang’o is seeking interpretation oforders issued by the court.
In response, the CoB through counsel Abigael Rasugu is now seeking clarification on parts of the February 3 orders which she claims were not addressed in the April 8 ruling.
Ms Rasugu argues the partial clarification has caused legal, institutional and financial uncertainty over whether disbursements can proceed under the circular.
“The partial clarification has introduced a state of interpretive conflict particularly regarding whether or not bursary disbursement and approvals can proceed in accordance with the circular thereby posing legal, institutional and financial uncertainity,” read part of the application.
Bursary row
Ms Nyakang’o also wants clarification on orders restraining her from withdrawing the circular or implementing agreements reached with the Council of Governors (CoG) during the Intergovernmental Budget and Economic Council.
In a prior communication, the CoB advised counties to establish distinct bursary funds or pursue intergovernmental agreements with the Ministry of Education.
The case was filed by Nakuru Activist Laban Omusundi alongside Katiba institute challenging the decision by the controller of Budget to withdraw or retract a circular she issued on January 14, 2025 to allow the counties to continue issuing bursaries to institutions outside their scope.
The petitioners however, argued that the COB was coerced into rescinding the decision after the circular was unfavorably received by members of the CoG, who, through press statements, opposed it.
They noted that Nakuru and Murang’a counties have continued to issue bursaries with lifespans of up to four years which, according to them, is illegal.
Nakuru and Murang’a counties, COB, Cabinet Secretaries National Treasury and Education, National Assembly and the Attorney General are listed as respondents in the case.
The CoG, National Government Constituency Development Fund Board, Government Affirmative Action Fund Board, Law Society of Kenya and the Ministry of Labour and Social Protection as the interested parties have been listed as respondents.
The court will deliver a ruling on the application on May 22.
