Budget allocation of Sh2.24b in Isiolo county is now unconstrained by the court's ruling.
In a landmark ruling, the High Court in Isiolo has ordered the Controller of Budget (CoB) to authorise the withdrawal of Sh2.24 billion by the County Government of Isiolo. This decision comes after months of disagreements and delays in the approval process, which had a direct and immediate impact on the public.
Justice Sophie Chirchir, presiding over the case, noted that the dysfunction at the County Assembly had a significant effect on the provision of essential services. The delay in approval disrupted critical services, including the supply of medicines, patient treatment, staff salaries, and emergency response.
The dispute arose due to a fallout between sections of the County Assembly and its leadership. The respondents in the case 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.
The County Budget (CoB) 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, not the Clerk. The CoB's reservations about the withdrawals were further prompted by the fact that the communication was made by the Clerk, not the Speaker.
The clerk who signed the Certificate of Transmission to the County Assembly was of contested employment status. The acting appointment of Lucy Kagwiria as CEC Finance remains unresolved.
The petition was filed by Speaker Mohamed Roba and Members of the County Assembly (MCAs). The CoB, however, expressed reluctance to approve the withdrawals due to the risk of the Appropriation Act being nullified.
The judge 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% of its budgetary allocation.
Interestingly, the Hansard report relied upon by the respondents was uncertified and contained questionable references to past dates. Rival factions at the Assembly were led by the Speaker and his deputy, with the Assembly split into two factions, each claiming legitimacy.
The inquiry into who should have presided over the Assembly on August 12, 2025, is currently before the Employment and Labour Relations Court in Petition No. E139 of 2025. The budget allocations for the County Government of Isiolo are still in question due to the ongoing disputes.
In 2025, it was the Governor of Isiolo County who applied for the approval of the County Controller of the Budget for the refund of Sh2.24 billion by the government of Isiolo County. The court order requires the CoB to authorize the withdrawals from the County Revenue Fund within 14 days.
This ruling marks a significant step towards ensuring the smooth functioning of devolved units and the provision of essential services to the public. The County Government of Isiolo can now proceed with the necessary expenditures to address the needs of its citizens.
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