The Intergovernmental Relations Technical Committee (IGRTC) has issued a statement clarifying the functions of county governments in providing educational support, particularly on the issuance of bursaries and scholarships.
The clarification follows a circular from the Office of the Controller of Budget and aims to address confusion regarding the role of counties in education, as outlined in Kenya’s Constitution.
The Fourth Schedule of the Constitution assigns specific responsibilities to the national and county governments. According to Article 186(3), any function not explicitly assigned to counties by the Constitution or national legislation falls under the purview of the national government.
While counties are responsible for pre-primary education and certain local education support initiatives, IGRTC Vice-Chairperson Ms. Saadia Kontoma emphasized that bursaries and scholarships remain primarily a national government function due to the absence of specific legislation assigning this role to counties.
However, counties can support educational programs under the principles of devolution outlined in Article 174, which promotes social and economic development and provision of accessible services. IGRTC recommends that counties formalize their involvement in such initiatives through Intergovernmental Partnership Agreements (IPAs) with the national government.
“The transfer of functions between the two levels of government must align with Article 187, ensuring resources follow the functions. Such agreements ensure clarity and accountability,” said Ms. Kontoma.
To further streamline efforts, IGRTC proposed activating an education sector forum for consultation and cooperation between stakeholders. Disputes can then be escalated to the National and County Government Coordinating Summit.
IGRTC reaffirmed its commitment to supporting counties in adhering to constitutional guidelines and ensuring the effective delivery of services, emphasizing that education is a fundamental right requiring collaboration between the two levels of government.
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