The High Court has ruled the Isiolo County Appropriation Act, 2025, unconstitutional, nullifying the county’s Sh7.3 billion budget due to serious violations of the Constitution on public participation and legislative procedures.
The decision came after Speaker Mohamed Roba Koto and nine Members of the County Assembly challenged the legality of the budget, which was hurriedly passed in July this year.
While the court struck down the budget, it temporarily suspended the nullification order for three months to prevent immediate disruption to county operations.
During this period, the county government is required to restart the budget process from the beginning, ensuring full compliance with constitutional requirements.
The process must include proper public consultations in all wards, accurate record-keeping of legislative proceedings, and submission of verifiable documents at each stage.
“The Isiolo County Assembly and the County Executive Committee Member for Finance are directed to regularise the legislative process and re-enact the Isiolo County Appropriation Act, 2025 within the three-month suspension period, in strict conformity with the Constitution,” the judgment stated. This temporary pause allows the county to continue paying staff and funding ongoing development projects while correcting the procedural flaws.
The court found that public participation had been treated as a formality.
The county executive had allocated only three days for consultations across Isiolo’s 10 wards, an inadequate period given the county’s large size and low literacy levels.
“This court is not convinced that the CEC Finance was, within those two days, and in the manner that it was done, was in a position to collect, analyse and effectively incorporate the views of the public,” the judge said.
The judgment highlighted systemic failures in how the budget was prepared and passed, noting missing documentation and procedural gaps in one of the county’s most significant financial decisions.
The ruling underscores the importance of thorough, transparent, and inclusive budget-making to uphold constitutional obligations and public trust.
