GAZETTE NOTICE NO. 15896

WHEREAS; 1.1 The Constitution of Kenya establishes a devolved system of governance, at the National and County levels. The two levels are distinct and interdependent and shall conduct their mutual relations on the basis of consultation and cooperation with a service centric approach; 1.2 Article 186 of the Constitution recognizes the respective functions and powers of the National and County Governments; 1.3 Article 189 (1) of the Constitution provides that government at either level shall perform its functions and exercise its powers, in a manner that respects the functional and institutional integrity of government at the other level, and respects the constitutional status and institutions of government at the other level; assist, support and consult and, as appropriate, implement the legislation of the other level of government; and liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity; 1.4 Article 189 (2) of the Constitution provides that government at each level, shall cooperate in the performance of functions and exercise of powers and, for that purpose, may set up joint committees and joint authorities; 1.5 The Intergovernmental Relations Act, Cap. 265F provides for the establishment of a framework for cooperation between the National and County Governments; 1.6 Article 21 of the Constitution places a fundamental duty on the State and all its organs to respect, protect, promote, and fulfill the rights and freedoms in the Bill of Rights, taking legislative, policy, and other measures to progressively realize the rights under Article 43; 1.7 Articles 43 (1) (f) guarantees a right of every person to education; 1.8 Article 53 (1) (b) guarantees a right of every child to free and compulsory basic education; 1.9 Article 54 (b) provides that a person with any disability is entitled to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interest of the person; 1.10 Article 55 (a) obligates the State to take measures including affirmative action programmes to ensure that the youth access relevant education and training; 1.11 Article 56 (b) obligates the State to put in place affirmative action programmes designed to ensure that minorities and marginalized groups are provided with special opportunities in educational and economic fields; 1.12 The Fourth Schedule of the Constitution on distribution of functions between the National and County Governments recognizes that education and training is a concurrent function to be undertaken by the two levels of Government; 1.13 The issuance of bursaries and scholarships by any level of government to any person is a social protection measure aimed at realizing Article 43(3) of the Constitution and ultimately promoting inclusive economic development and enhancing human development objectives including better outcomes in education; 1.14 To ensure the effective discharge of respective mandates pertaining to education and training, a cooperative and consultative approach to deliver the constitutional right of every person to education and training in an integrated and harmonized manner is necessary; 1.15 The Parties desire to formalize the intention of promoting a cooperative and collaborative approach in provision of education and training in Kenya; NOW THEREFORE, having considered the above the Parties hereby solemnly agree as follows: ARTICLE 1; OBJECTIVES 1.1 The objectives of this Agreement are to: - (a) Provide for a structured framework for partnership between the National and the County Government in issuance of bursaries and scholarships; (b) Promote transparency and accountability in the utilization and management of bursaries and scholarships in the education and training sector; (c) Promote sharing of resources in education service delivery; (d) Enhance and promote equitable access to quality and inclusive education; (e) Facilitate an inclusive and collaborative approach in the provision and management of bursaries and scholarships; 31st October, 2025 THE KENYA GAZETTE (f) Establish mechanisms for mutual sharing of information; and (g) Collaborate in resource mobilization and utilization. 1.2 The Parties shall make every reasonable effort to ensure the achievement of the objectives of this Agreement; 1.3 This Agreement facilitates cooperative execution of shared responsibilities in line with Article 6(2), Article 189 and Schedule 4 of the Constitution. ARTICLE AREAS OF PARTNERSHIP 2.1 The Parties shall consult, cooperate and support each other as appropriate in the development and implementation of programmes in education and training specifically, in the issuance of bursaries and scholarships within the County; 2.2 Bursaries and scholarships will be issued to poor and vulnerable learners and trainees in basic education institutions, technical and vocational education and training institutions and universities. ARTICLE 3: ROLES AND RESPONSIBILITIES OF THE PARTIES 3.1 ROLES OF THE NATIONAL GOVERNMENT (a) Provide policy, standards and norms to support the issuance of bursaries and scholarships; (b) Provide education infrastructure and amenities; (c) Capacity building to support the County Government in the implementation of issuance of bursaries and scholarships under this Agreement; (d) Budget for the implementation of identified programmes under this Agreement; (e) Share information on institutions, learners, trainees and students and their performance; (f) Establish and maintain a central management information system on the beneficiaries of the bursaries and scholarships; (g) Sensitize the staff, the managers of education institutions, within the National Government's mandate, and other Government Ministries, Departments and Agencies on the implementation of this Agreement; (h) Issue ministerial directives and guidelines to heads of institutions, education managers and other administrators necessary for the implementation of this Agreement; (i) Provide quality and relevant data for the purposes of planning, monitoring and evaluation of this Agreement; and (j) Report to the National Treasury and Economic Planning and Parliament on implementation of this Agreement. 3.2 ROLES OF THE COUNTY GOVERNMENT (a) Develop the requisite legal and policy framework to support the issuance of bursaries and scholarships; (b) Develop guidelines for identification of beneficiaries of the bursaries and scholarships; (c) Provide education infrastructure and amenities; (d) Budget for the implementation of the identified programmes under this Agreement; (e) Sensitize the County Officials, community members and other relevant stakeholders on the implementation of this Agreement; (f) Issue County-level directives and guidelines on the implementation of bursaries and scholarships funds by County Governments; IN WITNESS WHEREOF the undersigned, being the duly authorized representatives of the Parties have caused this Agreement to be xecuted the day and year first above written. Dated the 27th May, 2025. ANYANG’ NYONGO (PROF.), Governor, Kisumu County. JULIUS MIGOS OGAMBA, MR/7787591 Cabinet Secretary for Education.