Editor's note: Read the petition.
The court said it will issue a typed judgment after two weeks.
The court has declared that the national and county governments' ongoing failure to allocate 30 percent of their budgets for development is unlawful.
This decision followed a petition filed by the Kenya Human Rights Commission (KHRC) in 2024.
Judges Teresia Matheka, Rayola Olei, and Robert Limo instructed 20 county governments, along with the National Treasury—also named in the lawsuit—to ensure that 30 percent of their budgets are dedicated to development.
The court has given the counties and the National Treasury three months to report on compliance with this order.
According to a report from the Controller of Budget, the national government allocated only 17 percent of its revised gross budget to development expenditures during the first six months of the 2023-24 financial year.
Most counties that KHRC sued spent less than 10 percent of their budgets on development. These counties included Kisii, Nairobi, Machakos, West Pokot, Nyandarua, Lamu, Nyeri, Samburu, Taita Taveta, Makueni, Meru, Kericho, Baringo, and Isiolo. The lawsuit also included Kajiado, Narok, Bomet, Uasin Gishu, Laikipia, and Marsabit.
In comparison, in the 2022-23 financial year, 16 counties did not meet the requirement of allocating 30 percent for development expenditures. Furthermore, eight counties failed to meet the same threshold from the 2018-19 to 2021-22 fiscal years.
KHRC told the court that failing to allocate the required 30 percent undermines development and violates Kenyans' social, economic, and cultural rights.