IGRTC Explains Roles Played By Different State Agencies amid Bursaries Controversies
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By Njeri Irungu.
The Intergovernmental Relations Technical Committee (IGTRC) has issued a press statement clarifying the role of county governments in providing education support. This follows a circular from the Office of the Controller of Budget, which raised questions regarding the responsibilities of county governments in bursaries and scholarships.
In its statement, IGRTC emphasized the importance of cooperation and consultation between the national and county governments, as outlined in Articles 6(2) and 189 of the Constitution. The committee, established under Section 11 of the Intergovernmental Relations Act, 2012, plays a crucial role in coordinating and facilitating discussions between the two levels of government to ensure smooth governance.
The Constitution’s Fourth Schedule clearly assigns functions to each level of government. Article 186(3) states that any function not explicitly assigned to counties by the Constitution or national legislation remains under the mandate of the national government. However, Article 189 stresses the need for collaboration between the two levels of government in carrying out their respective duties.
Regarding the provision of bursaries and scholarships, IGRTC clarified that these functions primarily fall under the national government. While Article 174 highlights the role of devolution in promoting social and economic development, and the Fourth Schedule addresses education as a national function, the absence of specific legislation governing bursaries and scholarships means that they remain under the national government’s jurisdiction. Despite this, IGRTC acknowledged that many education institutions, from pre-primary to secondary level, are interconnected across the country.
To address this issue, IGRTC recommended that counties enter into Intergovernmental Partnership Agreements (IPAs) with the national government. Such agreements, in line with Article 187, would ensure that funding for transferred functions follows the principle that resources should accompany functions. This approach would allow counties to support education initiatives while ensuring that devolved funds are used appropriately.
In its ongoing efforts to strengthen devolution, IGRTC recently published a special issue of the Kenya Gazette, outlining the unbundling and delineation of functions between the two levels of government. During its 11th session, the National and County Government Coordinating Summit resolved that the necessary resources should be transferred to support these functions, starting in July 2025.
To enhance coordination in education support, IGRTC has also called for the activation of an education sector forum. This platform would allow national and county governments to deliberate on key issues and, in cases of disagreement, escalate them to the Summit for resolution. Given that education is a fundamental right for every Kenyan, IGRTC stressed the need for both levels of government to work together to ensure effective service delivery.
In conclusion, IGRTC reaffirmed its commitment to guiding counties in complying with the Controller of Budget’s circular while supporting them in discharging their constitutional mandates. The committee remains dedicated to facilitating cooperation between the national and county governments to ensure that education services are delivered efficiently for the benefit of all Kenyan citizens.
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