The tussle over Isiolo County budget for the 2025/2026 financial year has intensified after the high court stopped its implementation until the matter is heard and determined.
Following a split in the County Assembly, the faction led by Speaker Abdullahi Banticha passed the Sh7.3 billion budget sparking opposition from the majority of the MCAs by Speaker Mohamed Roba.
Majority of the MCAs have denied passing the document terming its assenting by Governor Abdi Guyo and gazettement fraudulent.
Justice Sophie Chirchir Chebet of Isiolo High Court certified an application Mejja Golicha and Nura Mohamed, urgent and set the inter partes hearing on August 14.
“A conservatory order is hereby issued suspending the implementation, operation and or enforcement of Isiolo Appropriation Act, 2025 as published in the Kenya Gazette special issue dated July 25, 2025 forthwith pending the inter partes hearing of this application.” Justice Chebet said.
On Monday, hundreds of Isiolo residents took to the streets accusing the county executive of orchestrating irregular budgeting processes without involving MCAs.
In a letter dated July 17, Speaker Mohamed Roba wrote to the Controller of Budget Margaret Nyakang’o warning about “illegal budgetary actions”.
“It has come to our attention that one Mr Abdullahi Jaldesa Banticha is masquerading as the Speaker of the County Assembly of Isiolo and is attempting to unlawfully preside over the County budget process for 2025/2026…” the letter states.
However, the publication of an assented appropriation act sparked protest from MCAs aligned Speaker Mohamed Roba wondered how the budget was passed while they were on recess.
They called for the revocation of the budget and urged the Ethics and Anticorruption Commission, the Auditor-General, and Controller of Budget to intervene.
“We adjourned this house on July 15 and resumed on July 29. How was the budget debated and passed without official sittings in this assembly? I am wondering how that document reached the Government Printer,” Nominated MCA Kamila Warsame said.
According to Ngaremara MCA Peter Losu, the budget approval process is well laid out in law and cannot be bypassed for political expediency.
“Once the executive has presented the estimates, the budget committee must table the document so that it is owned by the assembly. This is followed by public participation forums to ensure the executive has adhered to the needs of the citizens.”
“The committee also has to invite all departments to ensure their needs are well addressed. After this, the committee writes a report with or without amendments for debate. These processes were not followed,” Mr Losu said.
Last week, the County Assembly voted to remove clerk Salad Guracha on grounds of gross misconduct, incompetence and violation of the constitution and other laws.
He has been accused of instigating the establishment of a rival county assembly led by Mr Banticha and spearheading the irregular passing of the budget.
But embattled clerk Salad Guracha said that the county assembly adhered to the budgeting process leading to the assenting of the appropriation act by the governor.
“I have served as a clerk for 13 years and there are things I cannot get wrong. The budget is too important to be politicised. Mr Roba who was removed as speaker is trying to politicise the process,” Mr Guracha said.
Nominated MCA Francis Letimalo claimed that the budget was passed by nine MCAs while their colleagues were away.
“Our assembly quorum is six members hence we had the numbers to pass the budget. We have the chairperson, vice chairperson and one member of the budget committee on our side. It was brought to us by the executive; we validated and passed it. Our colleagues who are opposed to the process were nowhere to be seen,” Mr Letimalo said.
But Wabera MCA Salesio Kiambi disputes the claims arguing that no formal assembly sitting took place to debate the budget.
“We are aware that there was a day the man purporting to be speaker did a mock sitting here and claimed to have passed the budget without members. Due process was not followed. A county budget cannot be passed in an informal sitting,” Mr Kiambi says.
