The Intergovernmental Relations Technical Committee (IGRTC) has called on county governments to enter into Intergovernmental Partnership Agreements (IPAs) with the national government to streamline the provision of education support. This comes in the wake of a circular issued by the Office of the Controller of Budget clarifying the roles of counties in offering educational support, including bursaries and scholarships.
In the circular, Controller of Budget Margaret Nyakang’o highlighted that, under Part 1 of the Fourth Schedule of the Constitution, educational functions such as universities, tertiary institutions, primary and secondary schools, and special education fall under the national government’s purview. She emphasized that any devolved unit intending to provide support for these functions must adhere to Article 187 of the Constitution and Section 26 of the Intergovernmental Relations Act, 2012. This includes formulating a formal intergovernmental agreement, executed by an authorized representative, and publishing it in the Kenya Gazette.
Speaking on the matter, IGRTC Vice Chairperson Saadia Kontoma underscored the need for a structured approach to address the challenges surrounding the issuance of bursaries and scholarships by county governments. Kontoma noted that the absence of legislation governing such initiatives has created ambiguity regarding mandates. She reiterated that educational support programs, particularly those linked to pre-primary, primary, and secondary schools, must align with the constitutional framework to ensure clarity and accountability.
Kontoma added that the adoption of IPAs would facilitate the transfer of resources to devolved units in line with the “resources follow functions” principle, as stipulated in Article 187(2)(b) of the Constitution.
The IGRTC reaffirmed its commitment to fostering cooperation between the two levels of government, as envisioned in Articles 6(2) and 189 of the Constitution. The committee, established under the Intergovernmental Relations Act, 2012, has been instrumental in facilitating consultations and ensuring that all devolved functions are adequately resourced.
In a recent milestone, the IGRTC published a special issue of the Kenya Gazette delineating functions between the national and county governments. This move, endorsed by the National and County Government Coordinating Summit, resolved that all resources associated with devolved functions would be transferred by July 2025.
To enhance synergy, the IGRTC has proposed the establishment of an education sector forum. This platform would allow stakeholders to deliberate on key issues and resolve disagreements through structured consultation, with unresolved matters escalated to the Summit. Kontoma emphasized that education is a constitutional right for every Kenyan, and a collaborative approach is essential to deliver impactful services.
The IGRTC’s push for IPAs and coordinated action reflects the government’s commitment to promoting social and economic development through effective devolution. By adhering to the guidelines outlined in the Constitution and related legislation, county governments can ensure that resources are used efficiently to support the educational needs of all Kenyans.