Students Face Uncertainty as Court Asked to Clarify 2026/27 Bursaries

The High Court has certified as urgent an application by Controller of Budget Margaret Nyakang’o seeking clarity on whether existing court orders restricting bursaries apply to county governments’ requests for bursary and education support funds for the 2026/2027 financial year.

Nyakang’o filed the application seeking directions on whether her office can process county requests while conservatory orders issued in June 2025 remain in force.

“That the application is hereby certified urgent, no immediate ex parte reliefs are issued,” the order reads.

However, the court did not grant immediate ex parte relief.

The application concerns conservatory orders that the High Court issued on June 17, 2025, which stopped officials from processing and approving fresh bursaries, including support for new beneficiaries beyond the 2025/2026 financial year.

County Governments Submit Bursary Requests

Meanwhile, Nyakang’o said county governments had started submitting requests for bursary and education support spending for the new financial year.

“County governments have begun submitting requisitions for bursary and educational support expenditure for the Financial Year 2026/2027,” Nyakang’o said.

With those orders still in place, Nyakang’o said her office could not determine whether they also cover requests for the 2026/2027 financial year.

“My office is unable, without further judicial guidance, to determine with certainty whether the conservatory orders extend to the Financial Year 2026/2027 requisitions,” Nyakang’o said.

As a result, Nyakang’o asked the court to clarify whether the June 2025 orders apply to bursaries and education support requests for the new financial year.

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Nyakang’o Seeks Permission to Process Requests for Bursaries

Pending the court’s determination, the Controller of Budget also asked the court to allow her office to process requests limited to functions assigned to county governments under Part Two of the Fourth Schedule of the Constitution.

“Pending the hearing of this application, COB be allowed to continue processing requisitions strictly limited to functions assigned to county governments under Part Two of the Fourth Schedule of the Constitution,” Nyakang’o said.

In her application, Nyakang’o said approving expenditure that the court orders prohibit could expose her office to contempt proceedings.

She also said withholding spending that the Constitution permits could amount to unlawfully blocking county expenditure.

Additionally, Nyakang’o asked the court to direct how her office should handle the requests while the underlying case remains pending.

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Laban Mussundi and Katiba Institute filed the underlying petition, which challenges the administration of bursaries and scholarship programmes.

The petition also raises constitutional questions about how the national and county governments share their functions.

The three-judge bench has the petition before it as Nyakang’o seeks directions on how her office should handle county bursary and education support requests for the 2026/2027 financial year.

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Milimani Law Courts.PHOTO/Citizen