The High Court has suspended the Kiambu county government from withdrawing cash from the National Consolidated Funds accounts.
In a fresh ruling, Justice James Makau ordered that no funds should be released from the National Treasury pending the hearing and determination of a petition filed by 10 MCAs on constitutional grounds.
The court earlier had stopped the county from implementing Sh16.5 billion supplementary budget for this year. The MCAs, through lawyers James Mamboleo and Titus Ochichi, told the court that Governor Ferdinand Waititu has signed into law the Appropriations Bill 2019 and is in the process of acquiring funds from the Treasury.
The MCAs argued that the county assembly while passing the Appropriations Bill, did not adhere to the required procedures.
The petitioners argued that the process of presenting, tabling and moving motions dealing with the Budget, Finance and Appropriations Bill is the sole mandate of the relevant committee, which was not involved.
They singled out Stanley Kiarie, Peter Karuga, John Ngure and Samuel Kimani among others on the committee who were not privy to the Bill before it was passed.
"The relevant county assembly Finance, Budget and Appropriations Committee was not involved and that the Bill was not moved as stipulated in the Standing Orders," the court heard.
The court heard that on March 19, the Procedures and Rules Committee met privately and split the Budget Committee into two — the Finance and Economic Committee and the Budget Appropriation Committee, which resulted in an Act they term "illegal and unlawful".
Further, it was pointed out that on March 21, an ad hoc committee was created illegally to purposely pass the supplementary bill, saying the move was meant to kick out the relevant committee which had refused to pass the bill.
The matter will be heard on May 27.
(Edited by R.Wamochie)
