Governor James Orengo Appeals to County Legal Experts to Resolve Bursary Stalemate

By Kepher Otieno - Reporter

Kenya, 12 December 2025 - Siaya Governor and Senior Counsel James Orengo has called on legal minds within County assemblies to intervene and help break the ongoing stalemate over the disbursement of bursaries, a matter that has left many counties unable to release funds to students.

Speaking at a joint meeting of the County Executive and Siaya County Assembly, Orengo said that assemblies possess legal expertise capable of revisiting the bursary case, examining the judge’s verdict, and leveraging inputs from the Controller of Budget (COB) to resolve the impasse.

“There are lawyers amongst you who can attempt to revive the bursary case and help resolve it in court, since the COB is not ready to embrace any idea from governors, whom she accused of interfering in duties meant for the national government,” Orengo said.

He noted that COB Chair Margaret Nyakan’go has maintained a firm stance, citing legal advice to justify her refusal to authorize bursary payments outside her interpretation of devolved functions.

Orengo explained that the current legal framework prevents counties from directly disbursing bursary funds. “Even if we have an allocation for bursary in the budget, I don’t know how it will be uploaded because the COB is aware that the function is in the domain of the national government,” he said.

The governor revisited previous attempts by the Council of Governors (CoG) Legal Committee, chaired by Governors Ochillo Ayako and Steven Sang, to persuade the COB to reconsider. Despite multiple legal and social arguments, Nyakan’go reportedly declined to soften her position. “The matter was discussed extensively, but the chair refused to heed the requests of the legal committee,” Orengo said.

For Orengo, bursaries remain an emotionally significant matter. During his tenure, the governor has personally participated in issuing bursary cheques across Siaya County, noting it as a rewarding way to connect with residents and support education for underprivileged students.

The legal complication stems from a court ruling that the provision of bursaries to schools outside Early Childhood Development Centres (ECD) is not a devolved function. The ruling has been strictly implemented by the COB, at times drawing criticism from counties whose requests for bursaries were denied.

“Initially, everybody was frustrated with the COB after she declined to approve payments, but her actions were based on court orders and legal advice,” Orengo said.

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Governors have since explored alternative mechanisms to ensure students continue receiving support. Orengo highlighted attempts to use emergency funds or social responsibility initiatives to facilitate bursary payments. “We thought of featuring it as a social responsibility to be facilitated with emergency funds, but that has not been picked up. The idea is not making any progress,” he said.

The discussion comes in response to Members of County Assembly (MCAs) advocating for the creation of a Governor’s kitty dedicated to supporting bright but needy students at the grassroots. Orengo acknowledged the proposal, agreeing that a formal arrangement between the national government and counties could resolve the issue.

“Yes, I agree with the MCA that if the National Government were to sign an agreement with counties to delegate the function of providing bursaries, that would be a solution,” he said.

He also noted that competition with Members of Parliament over bursary disbursement complicates the situation.

“Here, we are in competition with MPs because they are not enthusiastic about bursaries being given to counties, yet it is a matter of food on the table for our students. We need the national government to formalize the arrangement,” he added.

Orengo’s remarks underscore the ongoing legal and administrative complexities facing county governments in executing education support functions, highlighting the intersection of devolved powers, court rulings, and political negotiation.

As counties seek ways to continue supporting students, the governor is appealing to in-house legal experts to step in and help navigate the stalemate, signaling a proactive approach to resolving a politically sensitive and socially vital issue ahead of the 2027 general election.