The High Court has issued temporary orders halting significant operations at the Marsabit County Assembly, including all budget approvals and committee meetings, following a petition challenging the legal standing of key house committees. The ruling, delivered by Justice Francis Rayola, effectively freezes the assembly's ability to conduct its primary financial and oversight functions until the case is heard and determined.

The conservatory orders, dated November 11, 2025, were issued in response to a petition filed by nominated Member of County Assembly (MCA) Adhi Bino. Ms. Bino's petition alleges that the assembly's leadership has presided over "systemic, unlawful, and unconstitutional mismanagement" of crucial oversight and budgetary committees. Specifically, the lawsuit targets the County Budget and Appropriations Committee, the Finance and Economic Planning Committee, and the Public Accounts and Investments Committee.

At the core of the legal challenge is the assertion that several committees have been operating illegally since their mandated three-year terms expired in August 2025. The petitioner argues that the assembly failed to reconstitute these bodies as required by law, yet they continued to approve budgets and supplementary budgets without the necessary legal authority or public participation since 2022, a direct contravention of constitutional principles.

Implications for County Governance

The court's intervention brings to a standstill any implementation of county budgets, supplementary budgets, or committee reports that were approved by the committees since their terms lawfully expired. This suspension is poised to have significant ramifications for service delivery and development projects across Marsabit County, a region already grappling with various socio-economic challenges. The inability to approve or implement financial plans could delay salaries for county employees, halt ongoing projects, and disrupt essential services in sectors such as health, water, and infrastructure.

The petition further highlights what it describes as procedural improprieties that have weakened accountability. Ms. Bino contends that the Finance and Economic Planning Committee was illegally merged into the Budget Committee, despite Standing Orders requiring its separate existence to ensure proper oversight of public finances. Additionally, the lawsuit raises concerns about conflicts of interest, noting that several MCAs serve on both the Budget and Implementation Committees, a violation of leadership and integrity standards under Article 73(1) of the Constitution.

A History of Political and Financial Scrutiny

This legal battle unfolds against a backdrop of persistent political wrangles and financial scrutiny in Marsabit County. The county's leadership has previously faced investigations by the Ethics and Anti-Corruption Commission (EACC) concerning audit queries and allegations of graft. In April 2024, Governor Mohamud Ali was questioned by the EACC regarding the 2020/2021 audit report, an event he attributed to political machinations by his rivals. Auditor-General Nancy Gathungu had previously issued an adverse opinion on the county's Sh8.2 billion budget for that year, citing unexplained expenditures.

The current legal impasse within the assembly underscores the deep-seated governance challenges that can impede the success of devolution in Kenya. The suspension of assembly activities serves as a critical test for the county's leadership and its ability to resolve internal disputes in accordance with the law, ensuring that the welfare of its citizens is not compromised by political infighting.

Justice Rayola has directed that the petition be served on the Marsabit County Assembly, its Speaker, Clerk, and the members of the implicated committees, who are required to file their responses within seven days. The case is scheduled for an inter partes hearing on November 27, 2025, which will determine the next steps in a crisis that has effectively placed the county's legislative and financial future in the hands of the judiciary. The outcome will be closely watched as a precedent for how procedural and constitutional compliance within county assemblies is enforced across Kenya.