Thousands of bright but needy students across Kenya may miss school this week — not because they failed to prepare, but because a key government official is accused of refusing to release their bursary funds in open defiance of a court order.
In a bold legal move that has sent shockwaves through the corridors of power, the Murang’a County Government has asked the High Court in Nakuru to commit Controller of Budget Dr. Margaret Nyakang’o to civil jail for six months, accusing her of contempt of court and holding up life-changing funds for students who rely on county bursaries to stay in school.
At the centre of the unfolding drama is a court order issued earlier this month. On April 8, 2025, the High Court clarified that its earlier conservatory orders from February did notprevent counties from processing and disbursing budgets — especially bursary allocations. The clarification came in a high-profile constitutional petition involving multiple parties, including Katiba Institute, several counties, and the national government.
According to court filings, the ruling was served directly to Dr. Nyakang’o’s office — and acknowledged. But instead of unblocking the funds, the Controller allegedly continued to withhold approval for bursary requisitions, leaving thousands of students — particularly in Murang’a County — stranded at home as schools reopen.
“Her refusal is not just a technical oversight — it’s a betrayal of public duty,” says Ngonyo Munyua, legal counsel for Murang’a County. “It violates a direct court order and places the education of thousands of children at risk.”
The county’s plea is urgent and dramatic: have the court find Dr. Nyakang’o in contempt, and send her to jail.
The case now opens a high-stakes showdown between the judiciary and a powerful constitutional office. As Controller of Budget, Nyakang’o holds the keys to the treasury taps for all public entities. But critics say that power comes with responsibility — and legal limits.
Observers note that this clash isn’t just about legal interpretations or procedural delays. It’s about real children, real families, and a generation whose futures hang in the balance.
The broader constitutional petition — Nakuru High Court Petition No. E012 of 2024 — challenges the legal framework around budget approvals in devolved governments, with the Controller of Budget, the National Treasury, the Ministry of Education, and Parliament all named as respondents.
But this latest twist may redefine the stakes.
As one education activist noted: “If a court order can be ignored and nothing happens, then the rule of law is not just broken — it’s meaningless.”
The Court is expected to move quickly. And for thousands of students still waiting to step back into class, the clock is ticking — loudly.
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