Kwale County Bursary Program Halted as High Court Bars County Funding for Students

Confusion has hit the Kwale County education sector after Governor Fatuma Achani stopped issuing bursaries. Thousands of students are stranded and many are at risk of dropping out of school, college or university.

Why Did Kwale County Stop Issuing Bursaries?

Governor Fatuma Achani said her administration was forced to suspend bursary allocations because of a High Court order filed by the Katiba Institute challenging the legality of counties funding education for secondary and tertiary students.

“I want to help my people especially the students from needy backgrounds but as for now my hands are tied. We will wait for the court ruling on 18th February 2025 before we make a decision,” said Achani.

This comes after a directive from the Controller of Budget (COB) Margaret Nyakang’o barred counties from allocating funds to primary, secondary and university students, saying education funding is under the national government’s mandate as per Schedule Four of the Kenyan Constitution.

Battle Over County Bursaries

The controversy started after Nyakang’o issued a circular on 14th January 2025 limiting counties from issuing bursaries. However, after discussions with the Council of Governors (CoG), she relaxed the directive and counties were allowed to continue issuing bursaries.

This was challenged in court and on 4th February 2025, Justice Samwel Mohochi issued a temporary order:

✔ The Controller of Budget cannot withdraw or retract her initial circular.

✔ Counties cannot issue bursaries unless supported by intergovernmental transfer agreements.

✔ The implementation of any agreements between the CoG and the COB regarding bursary funding.

As a result, counties including Kwale cannot distribute bursary funds until the court gives a final ruling.

Kwale Students Impacted

The Elimu ni Sasa bursary program launched in 2013 has supported;

  • 8,842 secondary school students
  • 6,447 university and college students
  • 16,805 students annually

In January 2025, the Kwale County Government had already disbursed KSh 94 million to 2,600 studentsin national schools. But thousands of other students from extra-county schools, colleges and universities are now stranded and waiting for funds that may never come.

“We had already requested funds from the Controller of Budget to support school fees for needy students but due to the court order we cannot proceed with bursary issuance,” said Governor Achani.

The situation has raised concerns as many students rely on these funds to stay in school. Parents, education stakeholders and county officials are now calling on the national government and the judiciary to find a solution soon.

What’s Next for Kwale Students?

The bursary program now awaits the High Court ruling set for 18th February 2025. If the court upholds the ban, students from needy backgrounds in Kwale and other counties may lose county funded bursaries forever.

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