Court orders national, county governments to prioritise development in budget allocation
According to a report from the Controller of Budget, the National Government allocated only 17 per cent of its revised gross budget to development expenditures during the first six months of the 2023-24 financial year.
The Court has declared that the National and County government's failure to allocate at least 30 per cent of their budgets to development is unlawful.
Judges Teresia Matheka, Rayola Olei, and Robert Limo instructed 20 county governments, along with the National Treasury, also named in the lawsuit. to ensure that 30 per cent of their budgets are dedicated to development.
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This decision followed a petition filed by the Kenya Human Rights Commission (KHRC) filed in 2024.
"Invoking Article 23, therefore, KHRC seeks a declaration that corruption, inefficiency, and under expenditure is a failure to make maximum use of available resources violating Articles 20 and 21 of the Constitution and Kenya's international law obligations," read part of the petition.
According to a report from the Controller of Budget, the National Government allocated only 17 per cent of its revised gross budget to development expenditures during the first six months of the 2023-24 financial year.
Most counties that KHRC sued spent less than 10 per cent of their budgets on development. These counties included Kisii, Nairobi, Machakos, West Pokot, Nyandarua, Lamu, Nyeri, Samburu, Taita Taveta, Makueni, Meru, Kericho, Baringo, and Isiolo.
The lawsuit also included Kajiado, Narok, Bomet, Uasin Gishu, Laikipia, and Marsabit.
In comparison, in the 2022-23 financial year, 16 counties did not meet the requirement of allocating 30 per cent for development expenditures. Furthermore, eight counties failed to meet the same threshold from the 2018-19 to 2021-22 fiscal years.
KHRC told the court that failing to allocate the required 30 per cent undermines development and violates Kenyans' social, economic, and cultural rights.
"The petitioner contends that the skewed budgetary allocation is a retrogressive measure which threatens the rights to development besides the Article 43 rights to food, health, education, water, and social security," stated the petition.
The court has given the counties and the National Treasury 90 days to report on their compliance with this order.
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