AG wants Mars petition withdrawn

 By JUDY OGUTU

Attorney General Githu Muigai wants the petition challenging a decision to remove Sh424 billion from the Consolidated Fund withdrawn.

The AG Thursday told Justice Mumbi Ngugi that Appropriation Act 2012 is now law. The court was also told that in a suit filed earlier, Justice David Majanja had held that there must be an Appropriation Act in place before the Government can withdraw money from the Consolidated Fund.

In the petition, Mars Group had sought for orders stopping the Controller of Budget from approving the withdrawal under Motion of June 21, 2012 without an Appropriation Bill or Act of the National Assembly.

Mr Kabugu Muguku, for Mars Group, Thursday told Justice Ngugi that in the suit, they are asking the court to declare that certain practices are unconstitutional and those issues were not dealt with by Justice Majanja’s decision.

Mars Group through Jayne Mati sued Prof Muigai and the Minister for Finance Njeru Githae. Controller of Budget Agnes Odhiambo has been named as an interested party.

In the petition filed at the High Court, the group had sought to stop “illegal and unconstitutional” withdrawal of the billions from the Consolidated Fund.

It wanted the court to declare that the National Assembly contravened some articles of the Constitution by permitting debate, approving and passing the Motion authorising the withdrawal of the money. Justice Ngugi will give directions on July 30.