The Kenyan National Treasury made emergency spending totalling Sh276.76 billion in the 2025-26 financial year, according to a report by the Controller of Budget. This spending was done under Article 223 of the Constitution, which allows for emergency expenditures. The report provides a detailed breakdown of the expenditures, including allocations to various government departments, security agencies, and infrastructure projects.
A significant portion of the emergency spending was allocated to the Office of the Registrar of Political Parties, which received Sh200 million to settle an outstanding court award with the Orange Democratic Party (ODM). The payment was made to cater to a petition for outstanding court award for Political Parties Fund by the party. This allocation was approved by the National Treasury on September 25, 2025, and the Controller of Budget on January 10, 2026.
The Sh200 million payment to ODM is related to a longstanding dispute over Political Parties Fund arrears. In 2019, the Court of Appeal ruled that ODM was entitled to arrears under the Political Parties Act from the 2012-13 financial year. The party has been demanding payment of outstanding allocations, with recent reports putting the claim at about Sh12 billion. The National Treasury has recorded the award at Sh4.136 billion, with Sh1.1 billion already paid.
The emergency spending also included allocations to various government departments and agencies. State House received several allocations, including Sh5 billion for "other Operating Expenses", Sh2 billion, Sh800 million, Sh500 million, and Sh1 billion. The State Department for Internal Security and National Administration received Sh2 billion and Sh5 billion for security-related expenses. The National Intelligence Service received Sh1 billion for enhanced national security operations, followed by Sh3.5 billion for enhanced security operations.
The National Treasury also made significant allocations to infrastructure projects. Sh58.129 billion was allocated for the acquisition of a disaster recovery site at Konza Technopolis and the upgrade of KRA ICT and core systems. The Controller of Budget approved a corresponding withdrawal of Sh58.113 billion. Another Sh5 billion was allocated for mobilisation fees for Phase III of the Nairobi Intelligent Transport System.
The emergency spending also included allocations to social programmes and government obligations. The State Department for Social Protection received Sh3.71 billion to cater for full-year payment of the Social Health Insurance Fund. The Teachers Service Commission received Sh7 billion to facilitate payments to the Social Health Authority. Sh3.88 billion was allocated as the first instalment of universities' collective bargaining agreement arrears.
The scale and variety of the emergency expenditure have raised questions about the use of Article 223. The allocations were made to cover various government operations, security, infrastructure, social programmes, debt-related obligations, and events. The Controller of Budget's report provides a glimpse into the extensive use of Article 223 during the financial year.
Key points
- The Kenyan National Treasury made emergency spending of Sh276.76 billion in the 2025-26 financial year.
- A significant portion of the emergency spending was allocated to the Office of the Registrar of Political Parties, which received Sh200 million to settle an outstanding court award with the Orange Democratic Party.
- The emergency spending included allocations to various government departments, security agencies, infrastructure projects, social programmes, and government obligations.
