The High Court declared certain aspects of Kenya’s bursary allocation system unconstitutional, highlighting its discrimination against vulnerable and marginalised students.
In a landmark decision, the court held that the lack of a coordinated national database for tracking bursary and scholarship allocations contravenes several constitutional provisions.
It also found that inconsistencies in eligibility criteria and weak oversight of bursaries raise concerns about transparency and accountability.
“The absence of a coordinated national database, the lack of a transparent needs‑assessment mechanism, and weaknesses in supervision of NG‑CDF and county bursary funds raise serious concerns under Articles 10, 201, 27 and 53 of the Constitution,” the court said.
The ruling followed a petition by former Kiambu governor Ferdinand Waititu, who challenged the fragmented funding model for basic education.
Waititu contested how bursaries are administered through the National Government Constituencies Development Fund (NG‑CDF) and county governments.
He argued that the current system opens the door to political influence and abuse.
He pointed out that multiple schemes run by the Ministry of Education, NG‑CDF, county governments and other bodies operate independently, letting some students receive funding from several sources while others receive none.
Justice Bahati Mwamuye noted that while Kenya’s overall funding model is not entirely unconstitutional, implementation flaws violate constitutional principles of equality, transparency and accountability.
Mwamuye emphasized that the absence of a single national database to track bursary beneficiaries heightens the risk of duplication and inequitable allocation of public funds.
“Without a national database, one student can receive funding from several sources while another receives none, simply because no system exists to identify and prioritise need across different streams,” the court observed.
Justice Mwamuye further expressed concern that the current appointment process grants MPs excessive power.
He added that allowing MPs to appoint members of Constituency Oversight Committees weakens checks and balances, rendering education bursaries susceptible to political manipulation.
Although the court declined to force the creation of a National Basic Education Fund, it affirmed that the government has a constitutional duty to remedy the identified shortcomings.