- Machakos Assembly rejects governor’s budget memo.
- Legal experts question the Speaker’s authority.
- Budget cuts threaten key county programmes.
Machakos Assembly Speaker Anne Kiusya has rejected Governor Wavinya Ndeti’s referral memo on the county’s 2026 budget bill, raising legal questions.
Speaker Kiusya declared the Governor’s Memorandum “inadmissible” and returned it to sender. The memo had referred the Machakos County Appropriation Bill, 2026 back to the Assembly for reconsideration.
Legal experts say no law provides for an “admissibility” review of a Governor’s Memorandum. In their view, the Speaker’s action resembles a reverse veto — a power not granted to her under the County Governments Act.
Timeline of the referral
On August 29, 2026, Governor Ndeti exercised her powers under Section 24(2)(b) of the County Governments Act, 2012. She formally referred the Bill back to the Assembly with a detailed memorandum outlining her reasons.
The Assembly had passed the Bill on August 18, 2026. It forwarded the Bill to the Governor for assent on August 21, 2026, within the 14-day window required by Section 24(1). Consequently, the Governor acted within the 14 days allowed to assent or refer.
In her press statement, Governor Ndeti said she could not assent to a Bill that, in her view, exceeds statutory limits, affects essential public services, weakens the county’s financial position, and poses risks to residents’ livelihoods.
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The Clerk of the County Assembly received and stamped the Memorandum. However, during Tuesday’s session, Speaker Kiusya ruled it inadmissible, maintaining that the earlier amended Bill stands.
What the law actually says
Legal experts point to Section 24 of the County Governments Act as clear on procedure:
- Section 24(2): The Governor shall, within 14 days, either assent to the Bill or refer it back with a memorandum.
- Section 24(3): If referred back, the Assembly may amend the Bill taking into account the Governor’s reservations, or pass it without amendment.
- Section 24(5): A second passage without accommodating the Governor’s concerns requires a two-thirds majority. The Speaker must then resubmit it within 7 days, and the Governor must assent within 7 days.
Notably, the Act does not give the Speaker authority to screen a memorandum for admissibility and return it to the sender. Her role is procedural: table the memorandum, refer it to the Budget Committee under Standing Order 134, and call the House to reconsider.
“The concept of ‘inadmissible, hence earlier Bill stands’ does not exist,” a legal brief notes. Furthermore, Section 24(6) provides that if the Governor does not act within 14 days, the Bill is deemed assented to — but the Governor did act.
Budget changes at the centre of the dispute
According to the memorandum, the Assembly made changes to the budget that the Governor’s office considers improper. The Executive had submitted a balanced budget of Ksh17.797 billion in line with the 2026 County Fiscal Strategy Paper (CFSP).
Instead, the Assembly altered items totalling Ksh853.96 million, reducing funds allocated to binding contracts and welfare programmes.
Governor Ndeti says this breaches Regulation 37(1) of the Public Finance Management (PFM) (County Governments) Regulations, 2015, which bars any Assembly increase or reduction exceeding 1% of a vote’s ceiling. She also cites Section 129 of the Public Finance Management Act, 2012.
Sector-by-sector changes
Roads – Major Roads: Reduced by Ksh65.38 million, from Ksh396.64 million, affecting the Katangi-Kithimani, Mlolongo Phase 3-Gossip, and Lita-Miti Muonza roads — all under active contracts. The Governor warns this exposes the county to breach-of-contract claims.
Lands – Municipalities (Machakos, Mavoko & Kangundo-Tala): Reduced by Ksh78.32 million to zero. The entire amount was earmarked for garbage collection. Funds were redirected to allowances and fuel.
Revenue Management: Reduced by Ksh126.9 million to zero. This funding maintains the Integrated County Revenue Management System, which raised Own Source Revenue (OSR) from Ksh1.55 billion in 2023/24 to Ksh3.352 billion in 2025/26.
County Administration – Sub-County Offices: Reduced by Ksh97 million, from Ksh112.7 million to Ksh15.7 million. As a result, eight sub-counties are left with only Ksh565,048 each for a full year, about Ksh47,000 per month.
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Vulnerable Groups: The Wikwatyo Fund was cut by Ksh100 million, from Ksh137 million to Ksh37 million. Women, Youth and Special Groups funding was similarly reduced by Ksh100 million, from Ksh137 million to Ksh37 million. Meanwhile, the Bursary Fund was cut by Ksh30 million, from Ksh121.79 million to Ksh91.79 million.
Machakos Youth Service: The entire Ksh175.86 million allocation was removed.
Additionally, the Assembly increased its own development budget by Ksh130 million above its CFSP ceiling.
Governor’s response
“I ask the Speaker to fulfil her obligation to serve the residents of Machakos and act in the public interest. In the meantime, I wish to emphasise that the only lawful options in law when a Governor returns a bill to the County Assembly with a memorandum, as per Section 24(3) of the County Governments Act, are either to amend the Bill taking into account the issues raised by the Governor or pass the Bill without amendment,” said Governor Wavinya in a statement to the press.
By Stephen Muthini
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