Court frees Isiolo county's Sh2.24b budget allocation
Courts
By
Joakim Bwana
| Sep 16, 2025
The High Court in Isiolo has directed the Controller of Budget (CoB) to approve the withdrawal of Sh2.24 billion by the County Government of Isiolo.
The court ordered the CoB to authorise the withdrawals from the County Revenue Fund within 14 days to enable the county to provide essential services.
The delay in approval arose from a fallout between sections of the County Assembly and its leadership.
Justice Sophie Chirchir said the stalemate had disrupted critical services, including the supply of medicines, patient treatment, staff salaries, and emergency response.
She noted that dysfunction at the Assembly had a direct and immediate impact on the public, with rival factions led by the Speaker and his deputy.
The judge further observed that denying the county access to its budgetary estimates would undermine the values and principles of the Constitution and the objectives of devolution.
Justice Chirchir said public interest demanded that the county be allowed to access at least 50 per cent of its budgetary allocation.
“The Controller of Budget is hereby authorised and directed to approve the withdrawal of Sh2,240,451,223 by the County Government of Isiolo from the County Revenue Fund, not later than 14 days from the date of this ruling,” she ordered.
The petition was filed by Speaker Mohamed Roba and Members of the County Assembly (MCAs), with the Government Printer and the CoB listed as interested parties.
Respondents included Deputy Speaker David Lemnantile, County Clerk Salad Buru, the County Budget and Appropriations Committee, the County Executive Committee (CEC) member for Finance, and the County Attorney.
Justice Chirchir said there were uncertainties and glaring discrepancies regarding dates, the legality of the Speaker’s seat, and which faction of the Assembly had the mandate to deliberate on county affairs.
She found that the respondents had failed to prove that a valid vote on the account took place on August 12 2025. The Hansard report relied upon by the respondents was uncertified and contained questionable references to past dates. The clerk who signed the Certificate of Transmission to the County Assembly was also of contested employment status.
The judge noted that the acting appointment of Lucy Kagwiria as CEC Finance remained unresolved.
She also observed that the Assembly was split into two factions, each claiming legitimacy.
The inquiry into who should have presided over the Assembly on August 12, 2025, Justice Chirchir added, was outside her jurisdiction, as it is currently before the Employment and Labour Relations Court in Petition No. E139 of 2025.
The CoB told the court it was reluctant to approve the withdrawals because the contested Appropriation Act risked being nullified.
The CoB further argued that under Section 134(3) of the Public Finance Management Act (PFMA), read with Regulation 36 of the PFMA (County Regulations), communication to the CEC Finance should come from the Speaker of the Assembly. In this case, however, the communication was made by the Clerk, prompting further reservations about the withdrawals.