This archive report was first published on 18 November 2021.
On November 17, 2021, the High Court in Kakamega dismissed a case filed by two activists, Francis Ominde and Joseph Simekha, blocking Vihiga County government from implementing its Sh5.8 billion budget for the 2021/2022 financial year.
The court ruled that the petition lacked merit, stating that the burden of proof was on the petitioners to establish that the budget estimates had not been presented to the cabinet and, therefore, did not get cabinet approval before being forwarded to the county assembly.
Justice William Musyoka argued that the petitioners failed to prove how the budget-making process was not subjected to public participation, citing a newspaper article from February 22, 2021, which invited the public to give their views on the draft Vihiga County fiscal strategy paper 2021.
The activists had accused Governor Wilbur Ottichilo, finance executive, the speaker, and the clerk of the county assembly of bypassing the cabinet in making the budget for the 2021/2022 fiscal year, citing the Public Finance Management Act.
The court had issued temporary orders stopping the implementation of the budget until the case was determined, a decision that had adversely affected service delivery.
