Two individuals in court to nullify the approved Bomet County budget

BOMET, KENYA: Two individuals have moved to court seeking to have the approved financial budget of Bomet County Government nullified.

Tyson Ng’etich and Peter Arap Lang’at through lawyer Kabue Thumi want the budget making process declared unlawful and unconstitutional as they were prepared contrary to the public finance management Act.

“The budget estimates approved by the assembly on July 28 this year does not conform to the county integrated development plan and the fiscal strategy paper,” submitted Thumi.

Thumi told high court judge Isaac Lenaola that the estimates that were approved by the county assembly did not seek public participation and the appropriation bill was not on the order paper for the session.

“The county assembly violated article 196 of the constitution by not conducting public participation on the budget estimates for the year ending 2015,” submitted the counsel.

The duo are seeking a declaration by the courts that the Bomet County appropriation Act and the amendments conducted this year were unprocedural, unconstitutional, null and void.

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They also want the controller of budget to release a half of the amount included in the budget estimates submitted by the county assembly pending the passing of a new appropriation Act that complies with the constitution and the statutes.

The court certified the matter as urgent and directed Ngetich and Lang’at to immediately serve the Controller of budget and Governor Isaac Ruto with the suit papers.

In the application filed at the High court in Nairobi, the two added that the Bomet Governor, the speaker and the County executive Committee on Finance have irregularly passed new estimates and Appropriation Act.

They further submitted that County Assembly has two parallel and contradictory appropriation laws for the financial year 2014 -2015   and therefore rendering the enactments unconstitutional.

They want the court to compel the County to begin the budget process afresh in full compliance of the constitution and the public Finance management Act.

The suit will be heard on August 28