‘Allocate 30% for Development!’ – Treasury, 20 Counties Ordered
On Thursday, January 23, the High Court issued instructions to the National Treasury Cabinet Secretary, John Mbadi, and 20 county governors.
According to the Kenyan Constitution, they must allocate 30% of their budgets to development.
Judges Teresia Matheka, Rayola Olei, and Robert Limo declared that the continuous failure of national and county governments to allocate 30% of their budgets for development was illegal.
This followed a petition made by the Kenya Human Rights Commission (KHRC) in 2024, in which they sued the two levels of government for not allocating more than 10% of their budgets to development.
In their case, KHRC informed the court that failure to provide the minimum 30% hampered growth and violated Kenyans’ social, economic, and cultural rights.
In addition, the three judges handed the aforementioned parties a three-month deadline to report on compliance with the new order.
The court has ruled that the failure of national and county governments to allocate 30 per cent of their budgets for development is unlawful. Judges Teresia Matheka, Rayola Olei, and Robert Limo instructed 20 county governments and the National Treasury to ensure this allocation… pic.twitter.com/Ol4dh3C4Nr
— The Eastleigh Voice (@Eastleighvoice) January 23, 2025
The petition cited a report from the Controller of Budget, which claimed that the national government allocated only 17% of its revised gross budget to development expenditures during the first six months of the fiscal year 2023-2024.
The petition found that the majority of the counties sued by KHRC spent less than 10% of their resources on development.
Nairobi (3.3%), Kisii (2.9%), Machakos (3.5%), West Pokot (8.7%), Nyandarua (7.0%), Lamu (7.5%), and Nyeri (6.4%).
Samburu (5.2%), Taita Taveta (4.4%), Makueni (7.1%), Meru (9.8%), Kericho (7.6%), Baringo (5.8%), and Isiolo (9.7%) were the other counties with less than 10%.
Counties that exceeded the 10% allotment but fell short of the 30% criterion included Bomet (27.1%), Uasin Gishu (27%), Laikipia (22.5%), Marsabit (21.7%), and Narok (22.4%).
In comparison, in the fiscal year 2022-23, 16 counties failed not reach the 30% development spending criterion.
Additionally, eight counties failed to meet the same requirement between the fiscal years 2018-19 and 2021-22.
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A report by Controller of Budget Margaret Nyakang’o found that Nairobi County, commanded by Governor Johnson Sakaja, did not spend any money on development.
Other counties are: Baringo, Elgeyo-Marakwet, Kajiado, Kisii, Lamu, Nyandarua, Tana River, Uasin Gishu, and West Pokot.
This was despite the fact that all 47 counties were given Ksh576.73 billion in the fiscal year ending June 2024, with Ksh205.33 billion (36% allocated to development expenditures and Ksh371.4 billion (64% allocated to recurrent expenses).
Failure to allocate 30% of the budget to development violates Articles 201 (b) and (d), which require that public resources be used in ways that promote equitable development and the cautious and responsible use of public funds.
‘Allocate 30% for Development!’ – Treasury, 20 Counties Ordered
