Court battle looms as MCAs challenge annual allocation from Sh40 billion to Sh36 billion
Court battle looms as MCAs challenge annual allocation from Sh40 billion to Sh36 billion
Members of the County Assembly (MCAs) have challenged a decision that slashed their annual allocation from Sh40 billion to Sh36 billion.
The ward representatives are seeking a court order to have the County Allocation of Revenue Act (2024) declared unconstitutional, citing unfair financial adjustments.
While their budget was cut, county executives received an additional Sh7 billion, a move MCAs claim is unjustified.
They insist that the reduction will interfere with salaries, procurement, and legislative functions, weakening their ability to hold governors accountable.
Meanwhile, the courts have lifted a January order that had halted the release of Equitable Share funds to counties.
The Council of Governors successfully petitioned against the order, arguing that it had caused a financial crisis in devolved units.
The governors explained that the cuts were necessary after the withdrawal of the Finance Bill, 2024, which followed anti-government protests last year.
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“The protests impacted revenue collection, necessitating a downward revision of the Equitable Share from Sh400 billion to Sh387 billion,” the governors told the court.
The Council of Governors defended the budget adjustments, saying the Senate acted within the law.
“Budget ceilings for county executives and assemblies are determined by the Senate, pursuant to the County Allocation of Revenue Act,” they stated.
With MCAs now seeking legal redress, the battle over county funding is set to continue in court.
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