NAIROBI — Kenya's High Court has declared key aspects of the country's bursary allocation system unconstitutional, ruling that weaknesses in the current framework have undermined fairness and left many vulnerable students at a disadvantage.
In a landmark judgment, Justice Bahati Mwamuye found that the absence of a coordinated national database to track bursary and scholarship awards, coupled with inconsistent eligibility criteria and weak oversight, breached constitutional principles on equality, transparency and the protection of children's rights.
"The Court finds that the absence of a coordinated national database for tracking bursary and scholarship allocations, the lack of a centralised or transparent needs-assessment mechanism, and the weaknesses in oversight of NG-CDF and county bursary funds raise serious concerns under Articles 10, 201, 27, and 53 of the Constitution," the judge ruled.
The case arose from a petition filed by former Kiambu Governor Ferdinand Waititu against the Education Cabinet Secretary and several state agencies. The petition challenged the fragmented way bursaries are administered through the National Government Constituencies Development Fund (NG-CDF), county governments and other public institutions.
The petitioner argued that the existing system allows different agencies to award bursaries independently, creating room for duplication and unequal access. According to the petition, some learners receive support from multiple programmes while others with equal or greater financial need receive none.
Justice Mwamuye agreed that these shortcomings have weakened the system's ability to distribute public funds fairly.
"Without a national database, the same student may receive funding from multiple sources while another student receives none, simply because there is no system to identify and prioritise need across the different funding streams," the court observed.
The judge also criticised the governance structure of NG-CDF bursary committees. He said the current appointment process gives Members of Parliament significant influence over committees responsible for distributing education funds, raising concerns about accountability and political interference.
According to the ruling, stronger safeguards are needed to ensure bursaries are awarded based on need rather than influence or location.
Even so, the court stopped short of declaring Kenya's entire education funding model unconstitutional. It also declined to compel the government to establish a National Basic Education Fund, one of the remedies sought by the petitioner.
Instead, Justice Mwamuye held that the Constitution places a clear obligation on the state to address the weaknesses identified in the current system.
The judgment is expected to have significant implications for how education funding is managed across the country. It places fresh pressure on the national government, counties and NG-CDF administrators to improve coordination, strengthen oversight and ensure that financial assistance reaches the learners who need it most.
The ruling also renews debate over the role of political offices in administering public education funds and whether future reforms should centralise bursary management to improve equity and accountability.