Court bars Kiambu County Gov’t from withdrawing funds from National Treasury
A Nairobi court has issued a fresh order barring the Kiambu County Government and its agents from withdrawing cash from the national consolidated funds accounts.
Earlier, the court had stopped the Kiambu County Government from implementing a Ksh.16.5 billion supplementary budget for 2019.
In the fresh ruling, High Court judge James Makau said pending the hearing and determination of a constitutional petition filed by 10 Members of County Assembly (MCAs), no funds should be released from the National Treasury.
MCAs, through lawyers James Mamboleo and Titus Ochichi, told the judge that the Kiambu Governor Ferdinand Waititu, has signed into law the Appropriation Bill 2019 and is in the process of acquiring funds from the National Treasury.
The petitioners, through their advocates, maintained that the County Assembly, while passing the Appropriation Bill did not follow the Assembly rules and procedures, saying that some of the petitioners, Stanley Kiarie, Peter Karuga, John Ngure Samuel Kimani among others were not consulted.
“The relevant committee in Finance, Budget and Appropriation Committee of the County Assembly were not involved and that the Bill was not moved as stipulated in the standing orders” the court was told.
They argued that the process of presenting, tabling and moving motions dealing with Budget, Finance and Appropriation Bill is the sole mandate of the relevant committee of the County Assembly which in this case was involved.
The court heard that on March 19, 2019 the Procedure and Rules Committee privately split the Finance, Budget and Appropriation Committee into two; the Finance and Economic Committee and Budget Appropriation Committee an act deemed illegal and unlawful.
Further, it was pointed out that on March 21, 2019 an Ad Hoc committee was created illegally and contrary to the Standing Orders purposely to pass the supplementary Appropriation Bill No.3, saying the move was meant to kick out the relevant committee which had refused to pass the Bill.
The matter will be heard on May 27, 2019.
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