CoG Vice Chairman, Mutahi Kahiga, who is also the Governor of Nyeri County, criticized Nyakang’o’s interpretation of the Fourth Schedule of the Constitution, stating that it does not grant either level of government the exclusive mandate to provide bursaries. “Who is the Controller of Budget to annul a process that is passed by county assemblies in their annual budgets? The Controller of Budget has some ill motives against governors through her directive,” Kahiga said in a statement
The Council of Governors (CoG) has accused the Controller of Budget (COB), Dr Margaret Nyakang’o, of allowing herself to be manipulated by politicians to undermine county governments. This follows Dr Nyakang’o’s controversial directive issued on January 14, 2024, which was sent to all County Executive Committee Members for Finance. In the circular, she warned that county involvement in providing bursaries is unconstitutional and must cease immediately.
CoG Vice Chairman, Mutahi Kahiga, who is also the Governor of Nyeri County, criticized Nyakang’o’s interpretation of the Fourth Schedule of the Constitution, stating that it does not grant either level of government the exclusive mandate to provide bursaries. “Who is the Controller of Budget to annul a process that is passed by county assemblies in their annual budgets? The Controller of Budget has some ill motives against governors through her directive,” Kahiga said in a statement.
Kahiga, who revealed that the CoG’s Education Committee plans to convene next week to discuss a unified response, also questioned why Nyakang’o continues to approve the National Government-Constituency Development Fund (NG-CDF) despite the courts having ruled it unconstitutional. According to Nyakang’o, county governments are supporting projects that fall under national government functions without proper intergovernmental agreements in place. She argued that for counties to provide bursaries, there must be a formal agreement between them and the national government, in line with Article 187 of the Constitution.
The controversial circular outlines that while counties can support pre-primary education, village polytechnics, and childcare facilities, secondary schools, universities, and other tertiary institutions are national government functions. Nyakang’o’s directive asserts that any attempt by county governments to fund education beyond their constitutional mandate is improper unless a formal function transfer is agreed upon.
Governor Kahiga, however, maintained that education-related bursaries fall under social rights as guaranteed by Article 43 of the Constitution and must remain accessible to all citizens. He emphasized that county governments are committed to continuing the disbursement of bursaries. “She must stop this double standard and undertake her mandate professionally. As governors, we are not ready to relinquish the disbursement of bursaries,” Kahiga declared.
The tension between the CoG and Nyakang’o comes amid ongoing scrutiny of county bursary funds. A recent Senate report, tabled by the County Public Investments and Special Funds Committee, accused several counties of misappropriating bursary funds. The committee identified numerous counties, including Tana River, Trans Nzoia, and Bungoma, for alleged financial mismanagement and issuing funds to students with duplicate admission numbers or without proper documentation. Lawmakers have called for the Ethics and Anti-Corruption Commission (EACC) to investigate and recover millions of shillings spent outside the law.
The CoG’s Education Committee, led by Governor Kahiga, is set to meet next week to formulate a response to Nyakang’o’s directive, taking into account the unique challenges faced by counties in the education sector.
