Judge suspends key Marsabit Assembly committees over alleged illegal formation
Justice Francis Rayola made the ruling after Nominated MCA Adhi Bino, who also chairs the Health Services Committee, filed a petition arguing that certain key committees were set up unlawfully.
The High Court has stepped in to suspend critical operations at the Marsabit County Assembly, halting all activities of several committees until a legal challenge on their formation is settled.
The order prevents the assembly from holding meetings, discussing, or approving any budget or financial report linked to the affected committees.
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Justice Francis Rayola made the ruling after Nominated MCA Adhi Bino, who also chairs the Health Services Committee, filed a petition arguing that certain key committees were set up unlawfully.
Adhi’s move seeks to ensure that the committees follow proper legal procedures before resuming their duties.
The court directed that the petition be formally served to the Marsabit County Assembly, its Speaker, Clerk, and members of the County Budget and Appropriations, Finance and Economic Planning, and Public Accounts and Investments Committees.
Those served are required to submit their responses within seven days.
“In the interim, conservatory orders are issued until November 27, when this application will be heard inter partes,” Justice Rayola stated in an order dated November 11.
The interim orders also stop the implementation of any County Budget, Supplementary Budget, or Committee Report that has been approved since the committees’ legal term ended in August 2025.
Through advocate Victor Anyango, Bino claims the Marsabit County Assembly leadership has allowed a pattern of unlawful management and constitutionally improper procedures within the committees.
She says that the Speaker, Clerk, and committee members have overseen a system that reduces accountability, limits public participation, and violates both the Constitution and the Assembly’s Standing Orders.
Adhi contends that the County Budget and Appropriations Committee was never legally constituted. She notes that the Standing Orders require all sectoral committee chairpersons, or their representatives, to be included.
“However, only the Chairperson of Culture was included, while all other sectoral chairs were excluded. This exclusion breaches legal requirements and undermines equitable representation, fairness, and transparency in the county’s fiscal processes,” she said.
She further argues that the Assembly merged the Finance and Economic Planning Committee into the Budget Committee, despite clear rules mandating that both operate separately.
According to Adhi, the Finance sectoral committee has never been formed, yet its responsibilities were absorbed by the Budget Committee, weakening oversight of public funds.
The petition also raises concerns over conflicts of interest, noting that several MCAs are members of both the Budget and Implementation Committees. Adhi claims this arrangement undermines the integrity of county processes and exposes fiscal decisions to potential misuse.
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