The High Court has certified as urgent an application seeking clarification on whether conservatory orders issued in June 2025, restricting the processing and approval of bursaries, also apply to county bursary and educational support requisitions for the 2026/2027 financial year.
The court, however, declined to issue immediate ex parte orders.
“That the application is hereby certified urgent; no immediate ex parte reliefs are issued,” reads the court order.
The application has been filed by the Controller of Budget, through Dr Margaret Nyakang’o, seeking directions on the scope of conservatory orders issued on June 17, 2025, pending the hearing and determination of a constitutional petition.
The Controller of Budget says county governments have begun submitting requisitions for bursary and educational support expenditure for the 2026/2027 financial year, creating uncertainty over whether the requests can lawfully be processed and approved under the existing court orders.
The office wants the court to clarify whether the June 17, 2025, conservatory orders, which restricted the processing and approval of “fresh bursaries” and bursaries for “new beneficiaries” extending beyond the 2025/2026 financial year, remain applicable to the new financial year.
Alternatively, the Controller of Budget is seeking specific directions on the criteria under which bursary and educational support requisitions for the 2026/2027 financial year may be processed and approved pending the final determination of the petition.
The office has also 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 Two of the Fourth Schedule to the Constitution and in accordance with Circular No. COB/Circular No. 1/2025.
The Controller of Budget argues that clarification is necessary to prevent a situation in which the office could either face contempt proceedings for approving expenditure contrary to existing court orders or unlawfully withhold expenditure it considers constitutionally permissible.
According to the application, the uncertainty could also affect learners and families who depend on county bursaries and educational support to meet their education needs.
The office says the petition raises substantial constitutional questions concerning the division of functions between the national and county governments and is pending before a three-judge bench.
The Controller of Budget further states that the court has previously issued clarifications and directions on similar issues relating to the 2025/2026 financial year, including through an ex tempore ruling delivered on April 8, 2025, and a ruling issued on May 22, 2025.
The office is now seeking similar directions for the 2026/2027 financial year to provide legal certainty on the processing and approval of bursary and educational support requisitions while the constitutional petition remains pending.
