Murang’a County sues Controller of Budget Nyakang’o for ignoring court order

Murang’a County has moved to court seeking to have Controller of Budget, Dr. Margaret Nyakang’o, held in contempt and committed to civil jail for allegedly disobeying a court order related to bursary disbursements for the current financial year.

In its petition, the county government accuses Dr. Nyakang’o of declining to approve bursary requests, despite a clarification issued by Justice Samuel Mohochi on April 8.

The judge had specified that his earlier conservatory orders, granted on February 3, only restricted counties from handling bursaries intended for periods beyond the ongoing financial year, while permitting current bursary programs to proceed.

Represented by advocate Julia Munyua, Murang’a County contends that Dr. Nyakang’o’s actions amount to deliberate defiance of a lawful court directive.

The county is seeking a six-month civil jail term for Dr. Nyakang’o or any other penalty the court deems appropriate.

In a signed affidavit, Murang’a County Secretary Dr. Newton Mwangi cautioned that thousands of learners risk missing out on school when the second term begins, citing the Controller’s alleged failure to authorize the release of bursary funds.

The row stems from a legal challenge filed by activist Laban Omusundi, based in Nakuru, alongside the Katiba Institute.

The petition targeted a circular issued by the Controller of Budget on January 14, 2025, which prohibited counties from issuing bursaries to learners in primary, secondary, and tertiary institutions, arguing such disbursements lacked legal backing.

Amid mounting criticism from the Council of Governors (CoG) and following the intervention of Deputy President Kithure Kindiki, Dr. Nyakang’o later issued advisory guidelines.

These urged counties to either establish separate bursary funds or enter into Intergovernmental Participation Agreements with the Ministry of Education in order to continue aiding students.

The petitioners, however, claim that Dr. Nyakang’o only backtracked on her directive due to mounting pressure from county governors.

They also allege that Nakuru and Murang’a counties have been issuing bursaries with durations stretching up to four years—an arrangement they argue is unlawful.

Among the respondents named in the suit are Nakuru and Murang’a county governments, the Controller of Budget, Cabinet Secretaries for the National Treasury and Education, the National Assembly, and the Attorney General.

The case also lists several interested parties, including the Council of Governors, the National Government Constituencies Development Fund Board, the Government Affirmative Action Fund Board, the Law Society of Kenya, and the Ministry of Labour and Social Protection.

During proceedings, advocate Julia Munyua maintained that continuing bursary allocations serves the public interest, while lawyer Caleb Nyamwange pointed out that counties have consistently distributed bursaries since the advent of devolution in 2013.

The matter is set to be mentioned in court on Tuesday, April 29.