Court nullifies Isiolo County’s Sh7.3 billion budget over illegal process, lack of public participation
The judge ruled the county's executive and assembly hurriedly and unlawfully pushed through the Sh7.35 billion budget without adhering to mandatory procedures, including meaningful public participation and proper legislative processing.
The High Court in Isiolo has declared the Isiolo County Appropriation Act, 2025, unconstitutional and void, citing multiple violations of the Constitution, the Public Finance Management Act (PFMA), and the County Governments Act (CGA).
Justice S. Chirchir found that the county's executive and assembly hurriedly and unlawfully pushed through the Sh7.35 billion budget without adhering to mandatory procedures, including meaningful public participation and proper legislative processing.
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Ten members of the County Assembly, led by Speaker Mohammed Roba Koto, had petitioned the court, accusing county officials of enacting the Appropriation Act without submitting or debating the budget estimates, holding the required committee sittings, publishing the Appropriation Bill, or facilitating public participation.
They argued that the entire process was riddled with procedural irregularities and political interference.
In their defence, the County Assembly and executive insisted that the estimates had been tabled on April 30, 2025, forwarded to the Budget and Appropriations Committee, debated in plenary on July 17, 2025, and assented to by the governor.
They also presented a newspaper notice and a public participation report as proof of compliance.
However, Justice Chirchir dismissed this evidence, noting that the county failed to produce any authentic Hansard record, minutes, committee reports, or a certified copy of the alleged proceedings.
The judge observed that technical staff—including the Hansard editor and principal clerk—had sworn affidavits confirming no budget estimates were ever tabled or debated, and no budget committee meetings took place.
The court further ruled that the purported public participation was "cosmetic, rushed, and meaningless," noting that Isiolo's vast geography and low literacy levels made a three-day newspaper advertisement insufficient to inform citizens of the complex budget process.
"The exercise failed both the qualitative and quantitative tests," the judge said, adding that the Assembly conducted no public participation of its own, in violation of Article 196.
Justice Chirchir criticised the county's leadership for showing "blatant disregard of the law," saying the speed and secrecy that characterised the process demonstrated contempt for constitutional values, transparency, and the people of Isiolo.
Although the court nullified the Appropriation Act, it suspended the invalidation for three months to allow the Assembly and the Finance CEC to redo the process legally.
They were ordered to re-enact the Act strictly in line with constitutional requirements, including proper committee procedures and robust public participation.
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