An allocation meant for Terik ward was irregularly transferred to Kosirai and Kabiyet wards.
Implementation of the amended Nandi County budget estimates for the financial year 2019-20 has been suspended.
Yesterday, the High Court in Eldoret ordered the suspension after the county was accused of failing to follow due process in the transfer of Sh5.5 million initially allocated for construction of a vocational training centre in Terik ward.
The money was transferred to projects in Kosirai and Kabiyet wards.
Terik elders in June last year filed an application under a certificate of urgency to have the amended county financial estimates suspended for marginalising the Terik community that lives in Terik ward.
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The applicants also sought orders preventing the County Government of Nandi from transferring the money.
In his ruling, Judge Stephen Githinji said the amendment to transfer the funds by the county assembly did not conform to the law.
“The amendment by the County Assembly of Nandi was not subjected to public participation,” said Githinji.
“It did not conform to the Public Finance Management Act or to the County Government Act that guides the budget making process.”
The judge further said the amendment served to further marginalise the people of Terik.
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Through their advocate Joshua Maritim, the Terik elders told the court that in a bid to marginalise their community, members of the county assembly budget appropriation committee proposed an amendment to have the Terik ward allocation transferred to Kosirai and Kabiyet wards.
Mr Maritim argued that the two wards were allocated Sh3.5 million and Sh2 million respectively, leaving Terik ward out.
Maritim also insisted that even after the amendment, the public was not invited for participation before approval of the reallocation.
“The reallocation of the money to Kabiyet and Kosirai wards was not subjected to public participation,” read the elders’ petition.
The Terik elders now want the court to compel the county assembly to reverse the amendment vote and have the initial estimates for the year 2019-20 adopted.
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