High Court suspends key activities at Marsabit County Assembly
Marsabit County Assembly. High Court has issued orders suspending key activities in the House.
The High Court has issued temporary orders barring Marsabit County Assembly and members of the Budget, Finance, and other committees from conducting any business, including convening, sitting, deliberating upon, or approving any budget, supplementary budget, or financial report, until a case challenging the legality of the committee is heard and determined.
Justice Francis Rayola issued the orders after nominated MCA Adhi Bino, who also chairs the Health Services Committee, filed a petition challenging what she described as the unlawful constitution of key committees in the Marsabit County Assembly.
The judge directed that the petition be served on the Marsabit County Assembly, its Speaker, Clerk, and members of the County Budget and Appropriations, Finance and Economic Planning, and Public Accounts and Investments Committees, who are required to file their responses within seven days.
“In the interim, conservatory orders are issued until November 27, when this application will be heard inter partes,” Justice Rayola stated in an order dated November 11.
Justice Francis Rayola.
The interim orders further temporarily suspend implementation of any County Budget, Supplementary Budget, or Committee Report approved by the committees since the expiry of their lawful term in August 2025.
In her petition, through advocate Victor Anyango, Ms Bino accuses the Marsabit County Assembly leadership of systemic, unlawful, and unconstitutional mismanagement of key oversight and budgetary committees. She argues that the Speaker, Clerk, and committee members have presided over a procedurally improper system that has weakened accountability, undermined public participation, and violated both the Constitution and the Assembly’s Standing Orders.
Ms Bino asserts that the County Budget and Appropriations Committee was unlawfully constituted from its inception, noting that Standing Orders require all sectoral committee chairpersons, or their designees, to sit on the committee.
“However, only the Chairperson of Culture was included, while all other sectoral chairs were excluded. This exclusion breaches legal requirements and undermines equitable representation, fairness, and transparency in the county’s fiscal processes,” she said.
She further contends that the Assembly illegally merged the Finance and Economic Planning Committee into the Budget Committee, despite Standing Orders mandating its separate existence.
According to Ms Bino, the Finance sectoral committee has never been formed, yet its functions were unlawfully absorbed into the Budget Committee, compromising oversight of public finances.
The petitioner also raises concerns about conflict of interest, pointing out that several MCAs sit in both the Budget and Implementation Committees, contrary to constitutional integrity standards.
“Dual membership undermines independence and accountability, violating Article 73(1) on leadership and integrity,” she argues.
The petitioner also raises concerns about conflicts of interest, pointing out that several MCAs sit in both the Budget and Implementation Committees, contrary to constitutional integrity standards.
“Dual membership undermines independence and accountability, violating Article 73(1) on leadership and integrity,” she argues.
Ms Bino maintains that the Assembly failed to reconstitute both the Budget and Public Accounts Committees after their three-year term lapsed, allowing unlawful committees to continue approving budgets and supplementary budgets without public participation since 2022. She describes this as a direct violation of the Constitution.
She also laments that sectoral committees, including the Health Services Committee, which she chairs, have had their recommendations ignored or altered, weakening oversight and affecting service delivery.
The nominated MCA asks the Court to declare the committees illegal, nullify all reports, budgets, and resolutions passed by the “unlawfully” constituted committees since 2022, and compel the Assembly to reconstitute all committees lawfully.
She warns that the current arrangement poses an ongoing threat to constitutional governance, accountability, and the rule of law in Marsabit County.
Earlier this year, Ms Bino exposed the unlawful formation of the Budget, Public Accounts, and Implementation Committees. Instead of correcting the illegality, Assembly leaders sought to intimidate her by summoning her before the Powers and Privileges Committee.
She refused to give up and moved to court, securing conservatory orders halting the disciplinary process. The High Court later upheld her rights and affirmed her position as Health Committee Chair. Last week, the court again granted orders halting the operations of the contested committees.
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