The High Court of Kenya has certified an urgent application filed by the Controller of Budget, seeking clarification on conservatory orders issued on June 17, 2025. These orders restricted the processing and approval of bursaries. The court noted the urgency of the application but declined to grant immediate ex parte reliefs. The orders were issued pending the hearing and determination of a constitutional petition.
The Controller of Budget, FCPA Dr Margaret Nyakang'o, filed the application due to uncertainty over county bursary and educational support requisitions for the 2026/2027 financial year. County governments have begun submitting requisitions, but it's unclear if these can be processed under the existing orders. The orders restrained the processing and approval of "fresh bursaries" and bursaries for "new beneficiaries" beyond the 2025/2026 financial year.
The Controller of Budget seeks directions on whether the June 17, 2025 conservatory orders still apply in the new financial year. Alternatively, the office wants specific directions on the criteria for processing and approving bursary and educational support requisitions for 2026/2027. The clarification is necessary to avoid being held in contempt for approving expenditure contrary to existing court orders or unlawfully withholding expenditure.
The uncertainty could affect learners and families who depend on county bursaries and educational support. The underlying petition raises substantial constitutional questions on the division of functions between national and county governments. The court has previously offered clarification and directions on similar issues for the 2025/2026 financial year.
The court issued an ex-tempore ruling on April 8, 2025, and a further ruling on May 22, 2025, providing guidance for the previous financial year. The Controller of Budget is now seeking similar directions for the 2026/2027 financial year to provide legal certainty on bursary and educational support requisitions.
The application also seeks to allow the Controller of Budget to continue processing requisitions strictly limited to functions assigned to county governments under the Constitution. This would be in line with Circular No. COB/Circular No. 1/2025. The office aims to shield itself from potential contempt and ensure lawful processing of bursary and educational support requisitions.
The High Court's decision to certify the application as urgent demonstrates the importance of resolving the uncertainty surrounding bursary orders. The court's ruling will have significant implications for county governments, learners, and families relying on bursaries and educational support in Kenya.
Key points
- The Kenyan High Court has certified an urgent application seeking clarification on the scope of conservatory orders issued in June 2025, restricting bursary processing and approval.
- The orders were issued pending the hearing and determination of a constitutional petition on the division of functions between national and county governments.
- The Controller of Budget seeks directions on whether the conservatory orders still apply in the 2026/2027 financial year and the criteria for processing and approving bursary requisitions.
