NAIROBI, Kenya, Dec 4 – Makadara Member of Parliament Benson Mutura has sued the County Government of Nairobi for the mismanagement of public funds as well as the Controller of Budget and National Treasury Cabinet Secretary Henry Rotich for complicity.
The Makadara MP has told the High Court that for the last two financial years, the County government of Nairobi has spent over Sh20 billion without obtaining the approval of the Controller of Budget.
“In each of the two financial years over Sh10 billion have been spent at source and without approval of the Controller. This non-compliance with the law is a sure recipe for corruption,” he stated in an affidavit filed in the High Court by Kinoti and Kibe Advocates on Friday.
He contends that although the Controller of Budget Agnes Odhiambo is aware of the malpractice, she has failed to inform the Ethics and Anti-Corruption Commission and “feigned helplessness.”
“She was duty bound to inform the people of Nairobi that over the last two financial years over half of each of the total budget has been spent without her approval. Her failure to do so amounts to acquiescence in and condonation of the transgressions of the county.”
Mutura therefore wants the High Court to bar the County Government of Nairobi from spending any more money before obtaining the necessary approvals.
“Pending the hearing and determination of this Application/Petition a conservatory order of injunction be issued to restrain the county from depositing any of the revenue, money raised or received by or on behalf of the County Government of Nairobi in any bank account besides the account for the County Revenue Fund established under Article 207 of the Constitution,” Mutura has applied.
He also wants the EACC compelled to investigate the matter. “An order of mandatory injunction be issued to compel the Ethics and Anti-Corruption Commission – the Interested Party herein – to confirm whether or not all the money/revenue received by Nairobi County Government have not been corruptly used.”