Mars Group wants court to stop withdrawal of Sh 424 billion

Mars Group has moved to court seeking orders to stop illegal and unconstitutional withdrawal of Sh 424 Billion from the Consolidated Fund.

Mars Group has this afternoon filed a Petition 271 of 2012 in the Constitutional Court against ehe Attorney General and the Minister for Finance of the Republic of Kenya. The Petition lists the Controller of Budget as an interested party.

The petitioner is Jayne Mati acting in defense of the Constitution and in the Public Interest. The Petition will be heard Tuesday morning June 26, 2012 by Justice Mumbi Ngugi.

On the 21st June 2012 the National Assembly passed a motion of Vote on Account authorizing the Minister for Finance to withdraw from the Consolidated Fund Sh 424,666,046,946 without an Appropriation Bill even having been published
in contravention of articles 206, 221 and 222 of the Constitution of the Republic of Kenya.

The motion of Vote on Account, was expressed to be brought under the provisions of Article 222 of the Constitution, yet an Appropriation Bill had not been
published.

The High Court previously pronounced on 23rd December 2011 that Article 222 of the Constitution cannot apply to withdraw money on a vote on account without the existence of a published Appropriation Bill.

The introduction of the Motion, and the subsequent approval by the National Assembly of the motion are ultra vires Articles 206, 221 and 222 of the
Constitution and is therefore a violation of the Constitution of Kenya.

The Petition Prays for among other prayers that  the Court be pleased to issue a declaration that the National Assembly contravened Articles 206, 221, and Article 222 and 259 of the Constitution of
the Republic of Kenya by permitting debate, approving and passing the Motion authorizing the withdrawal of Sh. 424,666,046,946/= from the Consolidated Fund brought before the House on the 21st June 2012 and the Motion is therefore null
and void.

Mars Group also wants the Court to issue a declaration that it is unconstitutional for the Controller of Budget to  approve any withdrawal from the Consolidated Fund unless she is satisfied that the withdrawal is authorised by law, and that in
this case there is no law authorising the purported Vote on account of 21st June 2012.

The Court be pleased to issue a conservatory order restraining the Controller of Budget from approving withdrawal of any money from the Consolidated Fund pursuant to the Motion of Vote on Account passed by Parliament on 21st June 2012 and/or without an Appropriation Bill or Act of the National Assembly.