Voter sues MP Kiema over misuse of CDF

Mutito MP Kiema Kilonzo has been sued by a voter over alleged misappropriation of constituency development funds. High Court judge Justice George Odunga yesterday issued a temporary order stopping the MP and four others from withdrawing some Sh50 million from the CDF kitty which is held in an account at Equity Bank.

Judge Odunga certified the matter filed by Bernard Samuel Kasinga as urgent and directed the parties to come for hearing on September 20. In his suit papers filed through lawyer Nelson Havi, Kasinga accuses the MP and four members of Mutito CDF committee of breaching their constitutional and statutory duties by directing and approving the use of Sh36.9 million CDF money intended for development projects and misusing it.

Kasinga also sued the Attorney General Prof Githu Muigai, the CDF board and Mutito CDF committee. He said the AG through the Finance minister, Planning minister and Auditor General has failed to audit the CDF accounts. Kasinga said, "the CDF committee is duty bound to ensure that every payment or instruction for payment out of funds account are strictly on the basis of a minuted resolution by its members."

The court was informed there is real danger the MP and the members of the CDF committee will approve the use of Sh50 million released to the constituency in August unless the judge intervenes. Kasinga believes Kilonzo and the committee members should be held liable for any loss from their approval of the public funds.

He believes the MP's and the four committee members' actions disqualifies them from holding any state office. The voter wants the court to direct the MP and the four to render true and correct accounts, receipts of all sums deposited into the CDF account and money withdrawn. Kasinga also wants the court to order kilonzo and the four members to refund the Sh36 million they allegedly misappropriated. The case will come up for hearing on September 20.