Confusion has rocked the education sector in Kwale county following a move by the Governor Fatuma Achani that halted issuance of bursaries to Kwale students.

Many parents and students are at a crossroad following the pronouncement that is already taking toll and is likely to put majority of students out of schools, colleges and universities.

However Achani defended her administration saying she has stopped issuing bursaries following the high Court order filed by Katiba Institute restricting Counties to issue bursaries for Secondary and tertiary students.

While addressing Media at the County Headquarters in Matuga Subcounty, Achani said that the petition by the Katiba Institute came as a result of a circular to counties by the Controller of Budget Margaret Nyakang’o restricting counties from issuing bursaries stating that it is not outlined in the Schedule Four of the constitution of Kenya.

Achani said despite efforts by the Council of Governors and the National Government to ensure counties are given the green light to access the bursary fund kit, there is still an obstacle because of the High Order that has bared Counties to issue Bursaries a pending case in the High Court.

“It is my wish as the Governor to help my people especially students from needy backgrounds but as for now my hands are tied and will have to wait for the Court ruling on the matter on February 18, 2025 before we give a new direction,” said Achani.

The High Court had early February suspended a deal between the Controller of Budget (COB) and the Council of Governors (CoG) allowing county governments to continue issuing bursaries to institutions outside their scope.

Justice Samwel Mohochi issued temporary orders restraining COB Margaret Nyakang’o from withdrawing or retracting a circular she issued on January 14, 2025.

In the circular, Nyakang’o barred counties from issuing bursaries to primary and secondary schools and universities, clarifying that they were not authorized by the law.

However, after consultation with the CoG, she relaxed the decision, and counties were allowed to continue issuing bursaries.

However, Mohochi restrained the COB from going against the circular that stopped county requisitions for expenditure on bursaries.

“The orders also apply to other education support programs targeted at universities, primary, secondary,y and special schools which are not accompanied by requisite inter-governmental transfer agreements,” ruled Mohochi.

Further, the court restricted COB from implementing any agreement reached with CoG during the Intergovernmental Budget and Economic Council (IBEC), held on 27th January.

Early January Achani Administration issued bursary cheques to over 2600 students from National Schools amounting to sh94 millions.

Already students from extra County schools, Colleges and universities from Kwale filled bursary forms awaiting for bursary cheques to be issued by the Governor, but with the High court order needy students have been thrown under the bus with their education future remains opaque.

“We had already requested monies from the Controller of budget to sort out our children schools fees needs but at the moment we cannot issue Bursaries because of the Court order.”Achani Said.

The Elimu ni Sasa program that started way back in 2013 has Sponsored over 8,842 secondary school students , 6,447 from university and colleges with an average of 16,805 students getting bursaries every financial year.

The Governor increased the bursary fund from 400 million to 500 million in every financial year in order to curb the number of students dropping out of school due to lack of fees in Kwale.

The High Court has suspended a deal between the Controller of Budget (COB) and the Council of Governors (CoG) allowing county governments to continue issuing bursaries to institutions outside their scope.

Justice Samwel Mohochi issued temporary orders restraining COB Margaret Nyakang’o from withdrawing or retracting a circular she issued on January 14, 2025.

Confusion has rocked the education sector in Kwale county following a move by the Governor Fatuma Achani that halted issuance of bursaries to Kwale students.

Many parents and students are at a crossroad following the pronouncement that is already taking toll and is likely to put majority of students out of schools, colleges and universities.

However Achani defended her administration saying she has stopped issuing bursaries following the high Court order filed by Katiba Institute restricting Counties to issue bursaries for Secondary and tertiary students.

While addressing Media at the County Headquarters in Matuga Subcounty, Achani said that the petition by the Katiba Institute came as a result of a circular to counties by the Controller of Budget Margaret Nyakang’o restricting counties from issuing bursaries stating that it is not outlined in the Schedule Four of the constitution of Kenya.

Achani said despite efforts by the Council of Governors and the National Government to ensure counties are given the green light to access the bursary fund kit, there is still an obstacle because of the High Order that has bared Counties to issue Bursaries a pending case in the High Court.

“It is my wish as the Governor to help my people especially students from needy backgrounds but as for now my hands are tied and will have to wait for the Court ruling on the matter on February 18, 2025 before we give a new direction,” said Achani.

The High Court had early February suspended a deal between the Controller of Budget (COB) and the Council of Governors (CoG) allowing county governments to continue issuing bursaries to institutions outside their scope.

Justice Samwel Mohochi issued temporary orders restraining COB Margaret Nyakang’o from withdrawing or retracting a circular she issued on January 14, 2025.

In the circular, Nyakang’o barred counties from issuing bursaries to primary and secondary schools and universities, clarifying that they were not authorized by the law.

However, after consultation with the CoG, she relaxed the decision, and counties were allowed to continue issuing bursaries.

However, Mohochi restrained the COB from going against the circular that stopped county requisitions for expenditure on bursaries.

“The orders also apply to other education support programs targeted at universities, primary, secondary,y and special schools which are not accompanied by requisite inter-governmental transfer agreements,” ruled Mohochi.

Further, the court restricted COB from implementing any agreement reached with CoG during the Intergovernmental Budget and Economic Council (IBEC), held on 27th January.

Early January Achani Administration issued bursary cheques to over 2600 students from National Schools amounting to sh94 millions.

Already students from extra County schools, Colleges and universities from Kwale filled bursary forms awaiting for bursary cheques to be issued by the Governor, but with the High court order needy students have been thrown under the bus with their education future remains opaque.

“We had already requested monies from the Controller of budget to sort out our children schools fees needs but at the moment we cannot issue Bursaries because of the Court order.”Achani Said.

The Elimu ni Sasa program that started way back in 2013 has Sponsored over 8,842 secondary school students , 6,447 from university and colleges with an average of 16,805 students getting bursaries every financial year.

The Governor increased the bursary fund from 400 million to 500 million in every financial year in order to curb the number of students dropping out of school due to lack of fees in Kwale.

The High Court has suspended a deal between the Controller of Budget (COB) and the Council of Governors (CoG) allowing county governments to continue issuing bursaries to institutions outside their scope.

Justice Samwel Mohochi issued temporary orders restraining COB Margaret Nyakang’o from withdrawing or retracting a circular she issued on January 14, 2025.