NAIROBI, Kenya, May 8 – The Kiambu County Government has admitted that it didn’t follow proper procedure in making a supplementary budget seeking Sh16.5 billion for 2019.
Consequently, the county sought to withdraw their response in a petition that challenged the process it adopted in the purported implementation of the budget.
Justice James Makau, said that in view of the withdrawal of the replying affidavit by the county, it follows that no money shall be removed from the Consolidated Bank under the faulty budget.
The court further issued prohibition order restraining the County Government from implementing the estimates contained in the appropriation budget.
He ordered the county to pay cost of the suit to the 10 petitioners who are members of the County Assembly.
Initially when the petitioners filed the application dated 2 April 2019, the presiding judge issued a conservatory orders barring the County Government from implementing the supplementary budget.
MCAs through lawyers James Mamboleo and Titus Ochichi told the judge that the County Governor Ferdinand Waititu, had signed into law the Appropriation Bill 2019 and was 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 the Assembly rules and procedure, saying that some of the petitioners, Stanley Kiarie, Peter Karuga, John Ngure and 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 heard.
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 not involved.
The court heard that on 19 March 2019 the Procedure and Rules Committee met privately and split the Finance, Budget and Appropriation Committee into two, the Finance, Economic Committee and Budget Appropriation Committee which act is illegal and unlawful.
The lawyers pointed out that on 21 March 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.
“Article 2 (3) of the County Governments Act provides that in case money Bill the County Assembly may proceed only in accordance with the recommendations of the relevant committee of the County Assembly and getting views of County Executive Committee members responsible for Finance” the court heard.
The lawyers said that it was unprocedural for the ad hoc committee to present the Supplementary Bill, it was in breach of the standing orders and the principles guiding all aspect of public finance in the Country as enshrined in the Constitution.