Governors in court to stop disbursement of equalization cash

The Council of Governors has moved to court seeking to have over 20 billion shillings earmarked for projects in marginalized counties from the Equalizing Fund stopped until the guidelines for Equalization Fund is changed.

In the petition, the Council of Governors want orders to restrain the Controller of Budget from approving any withdrawals from the Equalization Fund.

They are also seeking orders to quash the guidelines on the administrations of the Equalization Fund published in the Kenya Gazette.

They argue that despite making several presentations and submissions to the Attorney General and Controller of Budget, changes to the guidelines on the fund were not amended to reflect and incorporate the recommendations of the Council of Governors.

The petitioners argue that the said fund are to be released directly through the national government structures in the marginalized counties contrary to the constitution structure.

“Unless the orders are granted the National Assembly will pass the appropriate Bill allocating over 20 billion shillings to the Equalization Fund and which with thereafter disbursed in accordance with the guidelines on the administration of the Equalization Fund in the special issue of the Kenya Gazette volume CXV11-NO 26 which is unconstitutional,” argues the Council of Governors.

According to the court documents, the identified marginalized areas to receive grants under the fund include Garissa, Isiolo, Kilifi, Kwale, Lamu, Mandera, Marsabit, Narok, Samburu, Taita Taveta, Tana River, Turkana, Wajir and West Pokot.

They claim that the policy guidelines issued by the Attorney General failed to take into consideration the policy guidelines issued by CRA on the composition of the Advisory Committee and the mode in which the said funds
would be disbursed.

The fund, according to the Constitution is used by the national government only to provide basic services including water, roads, health facilities and electricity in marginalized areas.