- High court judge justice James Makau while delivering the judgement at Milimani high court Nairobi.
- A Nairobi Court has stopped the implementation of a Sh16.5 billion supplementary budget passed by the assembly in Kiambu County.
Justice James Makau while delivering the judgement on Wednesday said that in view of the withdrawal of the replying affidavit by the County, it follows that no money shall be removed from the consolidated bank under the faulty budget.
Kiambu County Government in the affidavit has admitted of having not followed proper procedure making a supplementary budget seeking Sh 16.5 billion for 2019.
Consequently, the County sought to withdraw their response in a petition that challenged the process it adopted in the purported implementation of budget.
The court further issued prohibition order restraining the County Government from implementing the estimates contained in the appropriation budged.
Makau ordered the county to pay cost of the suit to ten petitioners who are members of the County Assembly.
The ten are Stanley Kiarie from Ikinu Ward, Peter Karugu-Limuru East Ward, John Ngure -Kihara Ward, Samuel Kimani-Kinoo Ward, Simon Kamau-Komothai Ward, Solomon Kinuthia-Ndenderu Ward, Gideon Gachara- Ndeiya Ward, Naphtaly Ngugi-Sigona ward,Eliud Ngugi-Muguga Ward, and Martin Njoroge Chania Ward.
Initially when the petitioners filed the application dated April 2, 2019, the presiding judge issued a conservatory orders barring the County Government from implementing the supplementary budget.
MCAs through lawyers James Mamboleo and Titus Ochichi had told the judge that the County Government has signed into law the appropriation Bill 2019 and is in the process of acquiring funds from the national treasury.
The lawyers submitted that, the County Assembly while passing the Appropriation Bill did not follow the Assembly rules and procedure, saying that some of the petitioners, Stanley Kiarie, Peter Karuga, John Ngure Samuel Kimani among others were not consulted.
“The relevant committee in Finance, Budget and Appropriation Committee of the County Assembly were not involved and that the Bill was not moved as stipulated in the standing orders” the court heard.
They argued that the process of presenting, tabling and moving motions dealing with Budget, Finance and Appropriation Bill is the sole mandate of the relevant committee of the County Assembly which in this case was involved.
The court heard that on 19 March 2019 the Procedure and rules committee made privately and split the Finance, Budget and Appropriation Committee into two, the Finance and Economic Committee and Budget Appropriation Committee which act is illegal and unlawful.
The lawyers pointed out that on March 21, 2019 a an Ad Hoc committee was created illegally and contrary to the standing orders purposely to pass the supplementary Appropriation Bill No.3, saying the move was meant to kick out the relevant committee which had refused to pass the Bill.
” Article 2 (3) of the County Governments Act provides that in case money Bill the County Assembly may proceed only in accordance with the recommendations of the relevant committee of the County Assembly and getting views of County Executive Committee members responsible for Finance” the court heard.
The lawyers said that it was unprocedural for the Ad Hoc committee to present the supplementary Bill, it was in breach of the standing orders and the principles guiding all aspect of public finance in the Country as enshrined in the constitution.
The judge directed that the County Government of Kiambu and the Controller of Budget do file their response to the petition within seven days and the matter be mentioned on 9 April 2019 for further directions.
The MCAs lead by Samuel Kamau from Kinoo ward Kiambu welcomed the judgement and said that they will not relent in fight against corruption and misuse of funds.
“We thank the courts for delivering justice to the people of Kiambu,”Kamau said.
