The Controller of Budget, Dr. Margaret Nyakang’o, has issued a directive to county governments regarding their jurisdiction in providing education bursaries. In a letter dated January 14th, Dr. Nyakang’o clarified the division of responsibilities between the national and county governments as outlined in the Fourth Schedule of the Constitution.
The letter emphasizes that universities and other tertiary institutions fall under the purview of the national government. Consequently, county governments are prohibited from issuing bursaries to students pursuing education at these levels.
“Part 1 of the Fourth Schedule under Section 16 designates universities, tertiary educational institutions, primary schools, special education, secondary schools, and special education institutions as functions of the national government,” the letter states.
The directive, however, grants county governments full authority to fund students in pre-primary education, village polytechnics, and other relevant institutions, as these are specifically assigned to the devolved units under Part 2 of the Fourth Schedule.
“Conversely, part 2 of the Fourth Schedule under Section 9 assigns pre-primary education, village polytechnics, homecraft centers, and childcare facilities to county governments,” the letter continues.
For county governments seeking to provide bursaries to students in areas designated for the national government, a formal process must be followed. This involves the establishment of an intergovernmental agreement, duly executed by authorized representatives, and subsequently published in the Kenya Gazette.
“Therefore, any requisition for withdrawal of funds to perform functions categorized as national government functions under Part I of the Fourth Schedule must be accompanied by the requisite intergovernmental agreement as prescribed,” the letter concludes.
