A Nairobi Court has stopped the implementation of a Sh16.5 billion supplementary budget passed by the Kiambu County Assembly since the due process was not followed
Justice James Makau while making the ruling 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 County sought to withdraw their response in a petition that challenged the process it adopted in the purported implementation of budget.
The Waititu led Government admitted it did not follow proper procedures while making a supplementary budget seeking Sh 16.5 billion for 2019.
The court further issued prohibition order restraining the County Government from implementing the estimates contained in the appropriation budget
Makau has ordered the county to pay cost of the suit to ten petitioners who are members of the County Assembly.
MCAs through lawyers Titus Ochichi and James Mamboleo had told the judge the County Government has signed into law the appropriation Bill 2019 and is in the process of acquiring funds from the national treasury.
Initially when the petitioners filed the application dated April 2, 2019, the presiding judge issued a conservatory orders barring the County Government from implementing the supplementary budget.
They include Peter Karugu-Limuru East Ward, Stanley Kiarie from Ikinu Ward, John Ngure -Kihara Ward,Naphtaly Ngugi-Sigona ward,Eliud Ngugi-Muguga Ward, and Martin Njoroge Chania Ward. Samuel Kimani-Kinoo Ward, Simon Kamau-Komothai Ward, Solomon Kinuthia-Ndenderu Ward, Gideon Gachara- Ndeiya Ward.
The lawyers noted that the County Assembly while passing the Appropriation Bill did not follow the Assembly rules and procedure, saying that some of the petitioners, Peter Karuga Stanley Kiarie,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 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 involved.
” 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 judge directed that the County Government of Kiambu and the Controller of Budget do file their response to the petition within seven days and the matter be mentioned on 9 April 2019 for further directions.