CJ Koome picks judges to hear bursary petition

Chief Justice Martha Koome has constituted a three-judge bench to hear a petition that seeks to consolidate all bursaries under the national government.

The petition by Nakuru activist Laban Omusundi and Katiba Institute, also seeks to stop counties from disbursing bursaries to primary and secondary schools, universities and special schools.

In a letter addressed to Deputy Registrar of the High Court in Nakuru Christine Menya, Koome appointed Judges Hedwig Ong’udi, Julius Nangea and Samwel Mohochi to the bench.

“Following orders issued by Judge Mohochi on June 17, 2025, I appoint the three-judge bench to hear and determine the petition. Judge Ong’udi will be the presiding judge,” directed the Chief Justice.

All three judges assigned to the bench are based at the Nakuru High Court.

The appointment followed a request by Judge Mohochi, who noted the case raised a constitutional question and affected all 47 counties.

Omusundi and Katiba Institute want all the bursaries to be consolidated into one kitty under the national government.

The two petitioners, through lawyer Henry Gichana, fault county governments for issuing bursaries to institutions which are not under their jurisdiction, saying it contravenes the constitution.

“As per the constitution, county governments cannot disburse bursaries to learners beyond pre-primary schools, village Polytechnics, homecraft centres and childcare facilities which fall under the County in the devolved system,” they argue.

They argue that the consolidation would be a bold step towards ensuring equity, transparency, and access to education for every Kenyan child. They add that it would make management of funds more efficient.

According to the petitioners, the current system for providing bursaries and scholarships lacks a harmonized, transparent, and accountable structure and legal framework.

“Its implementation, therefore, has been and continues to violate the Constitution’s normative value system and principles, including the imperative for equality and non-discrimination as well as openness and transparency and the prudent and accountable use of public resources,” they state.

They add that the framework threatens the rights of learners who are the legitimate beneficiaries.

“The petition seeks to make education more accessible by eliminating duplication, ensuring unaccountability more equitable distribution,” they add.

The two said that the county has made it a norm to issue bursaries to institutions, knowing too well they have no authority.

At the same time, they have faulted the Controller of Budget (CoB) for continuing to approve bursaries to the counties.