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High Court now bars Kiambu from funds

By Faith Karanja | April 6th 2019

A Nairobi court has suspended the implementation of a supplementary appropriation budget for Kiambu County pending the hearing and determination of the petition filed by 10 Members of County Assembly (MCAs).

The application was filed by the 10 MCAs led by Ikinu Ward’s Peter Karuga, Limuru East’s John Ngure.

High Court Judge James Makau directed that no funds should be released from the National Treasury until the case is heard and determined.

Through lawyers James Mamboleo and Titus Ochichi, the MCAs told the judge that the county government had 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 rules and procedures.

“The relevant committees of the county assembly were not involved and the Bill was not moved as stipulated in the Standing Orders,” the court heard.

Sole mandate

They argued that the process of presenting, tabling and moving Motions dealing with the Budget, Finance and Appropriation Bill is the sole mandate of the relevant committee which in this case was not involved.

The MCAs claimed that on March 19, 2019, the Procedure and Rules Committee met privately and split the Finance, Budget and Appropriation Committee into two, the Finance and Economic Committee and Budget Appropriation Committee.

The leaders termed this as illegal, as it went against the principles guiding all aspects of public finance in the country as enshrined in the Constitution. 

Justice Makau directed the county government and Controller of Budget to file their responses within seven days. The matter be mentioned on Tuesday. 

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