Court blocks 24bn Nakuru County budget over Sh27.5m disability funds query
The new building hosting offices of the Nakuru Governor, her Deputy and other staff at Milimani Estate, adjacent to Nakuru State House on February 25, 2026.
The High Court in Nakuru has issued orders barring the Controller of Budget from approving and disbursing funds for Nakuru County’s Sh23.56 billion 2026/2027 budget pending the hearing and determination of a petition seeking to compel the devolved unit to account for Sh27.5 million allocated and approved for persons with disabilities (PWDs).
The court has also ordered Nakuru County to provide physical and electronic records relating to the allocation and utilisation of the funds before the case is determined.
“Pending hearing and determination of this application, the respondents, their officers and employees are ordered to supply this court and the petitioners with physical and electronic records relating to the allocation, receipt, banking, expenditure, withdrawal and procurement, names of the bank signatories and payment vouchers and utilisation of the Sh27,500,000 allocated for persons with disabilities for the financial year 2025/26,” the court ruled.
The orders followed a petition filed by Nakuru-based public interest litigator Laban Omusundi alongside four other individuals.
In the application, the petitioners claim the county had allocated and obtained approval for Sh27.5 million towards programmes and interventions intended to benefit PWDs in Nakuru in the 2025/26 financial year.
The allocation was intended to facilitate, among other things, economic empowerment, the provision of assistive devices and other interventions benefiting persons with disabilities.
However, the court heard that the financial year ended without the PWD community receiving a satisfactory account of how the funds had been utilised.
This prompted the petitioners to write to the governor’s office seeking clarification and an account of how the funds had been used, but they received no response.
The group then held peaceful demonstrations in Nakuru’s Central Business District, marching to the governor’s office, where they presented a petition seeking accountability to the county secretary.
Even so, the group was not furnished with documents or information regarding the funds.
They then petitioned the Nakuru County Assembly, which also appeared to ignore their concerns.
Nakuru County Assembly approved a budget of Sh23.56 billion for the FY 2026/27.
The county government further failed to allocate similar funds in its 2026/27 budget, a move the PWD community says requires an explanation and constitutional scrutiny.
“Persons living with disabilities are entitled to equal protection and benefit of the law and to affirmative measures designed to ensure their participation and advancement,” read part of the application.
In his application, Omusundi now wants the court to declare that the county’s failure to allocate funds for PWDs is unconstitutional and discriminatory.
He is also seeking a declaration that funds allocated for PWDs cannot lawfully be withheld, diverted, reallocated or used for purposes other than those for which they were authorised.
The petitioners want the court to compel the county to disclose and account for the Sh27.5 million allocated for PWDs, and require the relevant parties to disclose all approvals relating to the utilisation of the funds.
After certifying the matter as urgent, the court directed the petitioners to serve the respondents with the petition, after which they must respond within five days. The matter will be mentioned on November 9 to fix a date for judgment.
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