Court certifies urgent bid to clarify scope of bursary orders ahead of new financial year

In a ruling on the matter, the court noted that the application had been certified urgent but declined to grant any immediate ex parte reliefs.

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

The application was filed by the Controller of Budget, who is seeking directions on the scope of conservatory orders issued on June 17, 2025, pending the hearing and determination of a constitutional petition.

Through FCPA Dr Margaret Nyakang'o, the office says county governments have already begun submitting requisitions for bursary and educational support expenditure for the 2026/2027 financial year, a development it says has created uncertainty over whether such requests can lawfully be processed under the existing orders.

The Controller of Budget wants the court to clarify whether the June 17, 2025 conservatory orders, which restrained the processing and approval of "fresh bursaries" and bursaries for "new beneficiaries" extending beyond the 2025/2026 financial year, still apply in the new financial year.

Alternatively, the office is seeking specific directions on the criteria under which bursary and educational support requisitions for 2026/2027 may be processed and approved as the petition proceeds.

It has further asked the court to allow it, pending the hearing of the application, to continue processing requisitions strictly limited to functions assigned to county governments under Part 2 of the Fourth Schedule to the Constitution, and in line with Circular No. COB/Circular No. 1/2025.

According to the application, the clarification sought is necessary to shield the office from being held in contempt for approving expenditure contrary to existing court orders, or from unlawfully withholding expenditure it considers constitutionally permissible.

The uncertainty, it adds, could also affect learners and families who depend on county bursaries and educational support.

The Controller of Budget notes that the underlying petition raises substantial constitutional questions on the division of functions between the national and county governments, and is currently pending before a three-judge bench.