By Harrison Wanzallah
Two petitioners have filed a case under the certificate of urgency at the Mombasa High Court, challenging the government’s directive to block county governments from issuing bursaries to needy students. In their petitions, they argue that the directive is unconstitutional and aimed at denying children from poor and disadvantaged backgrounds the opportunity to access education.
The two, Mr George Mwaura and Mr Geoffrey Mugambi, both residents of Mombasa County, filed the case through their lawyer, Mr Ramadhan Salim. They have sued the Cabinet Secretary of Finance, the Controller of Budget, and the Attorney General as the 1st, 2nd, and 3rd respondents, accusing them of undermining the county executives’ functions regarding bursary distribution.
The case was filed before Judge Jairus Ngaah and was triggered by a circular issued by the Controller of Budget on January 14, 2025, under reference COB/CIR/002/Vol.II(62). The circular, addressed to all county executive committee members of finance, mandated that all withdrawals for functions categorized as national government responsibilities under Part 1 of the Fourth Schedule of the Constitution must be supported by an intergovernmental agreement.
The petitioners argued that this circular imposes unconstitutional financial restrictions on county governments, particularly in issuing bursaries to needy students. “The above circular places unreasonable and unexpected financial restrictions upon county governments, specifically regarding bursaries for needy students, despite the fact that the Controller of Budget approves county requisitions based on negotiated itemized budgets with the Commission on Revenue Allocation,” the petition read.
They further contended that no law prohibits county governments from disbursing bursaries to students. The petitioners requested the court to issue orders restraining the respondents and their agents from enforcing the directive in any way.
In his preliminary ruling, Judge Jairus Ngaah directed that the matter be heard on an urgent basis. “I direct the respondents to file and serve their responses within seven days of being served with the application. The application shall be mentioned on February 19, 2025, for further directions or orders as deemed necessary. It is so ordered,” he stated.
