ISIOLO, KENYA – The High Court in Isiolo on Wednesday, November 19, 2025, declared the county's Sh7.35 billion budget for the 2025/2026 financial year unconstitutional, null, and void. The ruling by Justice S. Chirchir found that the Isiolo County Appropriation Act, 2025, was enacted through a flawed process that blatantly disregarded legal requirements for public participation and legislative procedure.

The court, however, suspended the order's effect for three months, granting the county executive and assembly a window to restart and correctly adhere to the entire budgetary process from scratch. This temporary reprieve allows for the continued, limited funding of essential services, as permitted under the Public Finance Management Act, but puts a freeze on new development spending until the budget is lawfully passed.

A Process Riddled with Irregularities

The landmark judgment followed a petition filed by ten Members of the County Assembly (MCAs), led by Speaker Mohammed Roba Koto. They argued that the county executive, under Governor Abdi Ibrahim Guyo, and a faction of the assembly pushed through the multi-billion shilling spending plan without proper legislative debate, committee scrutiny, or meaningful engagement with the residents of Isiolo.

In his ruling, Justice Chirchir delivered a sharp rebuke to the county leadership, describing the budget approval as having been characterized by "speed and secrecy" that demonstrated contempt for constitutional values. The court found critical procedural lapses, including the failure of the county to produce authentic Hansard records, minutes from committee meetings, or other certified documents to prove the budget estimates were ever formally tabled or debated as legally required.

Furthermore, the judge condemned the public participation exercise as "cosmetic, rushed, and meaningless." The court noted that a three-day newspaper advertisement was insufficient to inform the public across Isiolo's vast and geographically dispersed wards, especially considering the county's low literacy levels. "The exercise failed both the qualitative and quantitative tests," the judge stated, adding that the County Assembly conducted no public participation of its own, which is a direct violation of the Constitution.

The county executive and assembly had defended the process, insisting that budget estimates were tabled on April 30, 2025, and debated on July 17, 2025, before being assented to by the governor. However, this defense was unsubstantiated, with technical staff, including the Hansard editor, providing sworn affidavits confirming that no such debates or committee meetings took place.

Development Agenda at Risk

The annulment of the budget places a significant roadblock on Isiolo County's development agenda for the fiscal year. Key priorities outlined in the county's 2025 Fiscal Strategy Paper, which were to be funded by the nullified budget, are now in limbo. These include crucial investments in:

• Health Services: Planned upgrades to health centres and dispensaries, including the construction of a doctors' plaza and the purchase of modern equipment for hospitals in Isiolo, Garbatulla, and Merti.
• Water and Environment: Significant allocations for climate change adaptation projects under the Financing Locally Led Climate Action (FLLoCCA) program and funding for new water infrastructure.
• Economic Growth: Funds earmarked for the construction of a new county headquarters, completion of the Isiolo modern market complex, and the development of an industrial park.
• Infrastructure: Critical funding for the maintenance and expansion of the county's road network.

While Section 134 of the Public Finance Management Act allows the county to access up to 50% of the previous year's budget to ensure essential operations like health and emergency services continue, all new projects are effectively stalled. This delay could have significant consequences for residents and the local economy, which has previously been affected by political wrangles that have stalled development.

The Way Forward: A Race Against Time

In compliance with the court's directive, the Isiolo County government has reportedly initiated plans for new public participation forums, scheduled across all ten wards. This move signals an intent to adhere to the ruling and re-enact a lawful budget within the 90-day period stipulated by the court.

The court's decision underscores the constitutional mandate for transparency and public involvement in the management of public funds. Justice Chirchir emphasized that the ruling was not about the political rivalries that have characterized Isiolo's leadership but about the "blatant disregard of the law." The judgment serves as a critical reminder to all county governments in Kenya of the non-negotiable requirement to follow legal and constitutional processes in public finance management.

Direct statements from the offices of Governor Abdi Guyo and Speaker Mohammed Roba Koto following the November 19 ruling were not immediately available. FURTHER INVESTIGATION REQUIRED.