By Issa Hussein - Reporter
Kenya, June 26, 2026 - The High Court has declared key aspects of Kenya's bursary allocation system unconstitutional, ruling that the current framework discriminates against vulnerable and marginalised students and falls short of constitutional standards on fairness, transparency and accountability.
In a landmark judgment, Justice Bahati Mwamuye found that the absence of a coordinated national database for tracking bursary and scholarship beneficiaries violates several constitutional provisions by allowing duplication of funding while leaving many deserving students without financial support.
"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 decision arose from a petition filed by former Kiambu Governor Ferdinand Waititu against the Education Cabinet Secretary and other state agencies, challenging the country's fragmented model of funding basic education.
Waititu argued that bursaries administered by the Ministry of Education, the National Government Constituencies Development Fund (NG-CDF), county governments and other institutions operate independently, resulting in inconsistent eligibility criteria and unequal access to financial assistance.
According to the petition, the lack of coordination allows some students to benefit from multiple bursary schemes while others, despite being equally deserving, receive no support. The petition also claimed that the current system is susceptible to political influence and abuse.
Justice Mwamuye held that although Kenya's overall basic education funding model is not unconstitutional, its implementation contains significant shortcomings that violate constitutional principles of equality, transparency and accountability.
More from Kenya
The judge noted that the absence of a single national database increases the risk of duplication and inequitable distribution of public resources.
"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 court also raised concerns over the governance of NG-CDF bursary committees, saying the current appointment process grants Members of Parliament excessive influence over constituency oversight committees.
Justice Mwamuye found that allowing MPs to appoint members of the committees weakens checks and balances, making the allocation of education bursaries vulnerable to political interference.
While the court declined to order the establishment of a National Basic Education Fund as requested by the petitioner, it ruled that the government has a constitutional duty to address the identified weaknesses and reform the bursary allocation system to ensure fairness, transparency and equitable access for all learners.