The High Court has ruled that parts of Kenya’s current bursary allocation system are unconstitutional, saying the existing framework fails to protect vulnerable and marginalised learners who depend on financial support to stay in school.
The decision follows a petition filed by former Kiambu Governor Ferdinand Waititu, who challenged the way education bursaries are managed across different government institutions.
In its judgment, the court found that the lack of a coordinated national database for tracking bursary and scholarship beneficiaries has created serious gaps in the distribution of education funds.
According to the court, this has resulted in an unfair system where some students receive support from several funding sources while others who are equally deserving are left out completely.
The judges also found that the country lacks a transparent and centralised method for assessing students’ financial needs before bursaries are awarded.
In addition, the court said weak oversight of bursary funds managed through the National Government Constituencies Development Fund (NG-CDF) and county governments has raised serious concerns about transparency, accountability and fairness.
The petition argued that bursaries are currently administered by several institutions, including the Ministry of Education, NG-CDF, county governments and other agencies, with little coordination between them.
As a result, the system has become fragmented, making it difficult to ensure that public funds reach the learners who need them most.
Justice Bahati Mwamuye agreed that although Kenya’s overall model of funding basic education is not unconstitutional, several weaknesses in its implementation violate constitutional principles.
He noted that the absence of a single national database increases the risk of duplication and unequal distribution of public resources.
The judge observed that without a unified tracking system, government agencies cannot effectively identify students who have already received financial assistance.
This creates a situation where one learner may benefit from multiple bursaries while another misses out simply because there is no coordinated system to monitor allocations across different funding programmes.
Justice Mwamuye also questioned the structure of NG-CDF bursary oversight committees. He noted that the current arrangement gives Members of Parliament excessive influence by allowing them to appoint members of Constituency Oversight Committees.
According to the court, this weakens checks and balances and exposes the bursary process to possible political interference.
Although the court declined to order the creation of a National Basic Education Fund as requested in the petition, it made it clear that the government has a constitutional duty to address the shortcomings identified in the ruling.
The judgment is expected to push education authorities toward reforms aimed at making bursary distribution more transparent, accountable and fair for all deserving learners.
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