In a significant setback for students relying on county bursaries, the High Court on Monday issued a temporary conservatory order that blocks the Controller of Budget (CoB) from withdrawing or interfering with its January 14 circular.
The ruling comes after the Katiba Institute and citizen Laban Omusundi sought urgent intervention, preventing the CoB from obstructing county government support for educational programs.
Justice Samuel Mukira Mohochi's decision means county governments can no longer issue bursaries or fund national education functions unless accompanied by inter-governmental transfer agreements.
This ruling limits counties' role to supporting only pre-primary education, village polytechnics, and children's facilities.
The court also restrained the CoB from implementing agreements reached between Deputy President Kithure Kindiki and the Council of Governors regarding bursary disbursement, which had been endorsed during the recent Intergovernmental Budget and Economic Council (IBEC) meeting.
As a result, counties are barred from extending bursary allocations beyond the current financial year.
The case is set for a hearing on February 18, with responses expected from both parties. The ruling is expected to delay critical education funding for students across the country.