Governor Kang'ata sued for 'illegally' forming team to vet pending bills

A resident of Murang’a county has filed a petition against Governor Irungu Kang’ata for forming a committee that audited bills owed by the devolved unit.

Edwin Gathaiya said the county government unlawfully formed and gazetted Committtee on Review of Pending Bills on September 16 this year.

He said the committee was granted powers that encroached on the functions of, among other government institutions, the auditor general, who is tasked with auditing pending bills of all county governments.

According to the applicant, the committee then released a report on November 7 in which it announced that some of the claims made by contractors and suppliers had not been approved for payment.

Gathaiya said the decision was made in bad faith and has caused him and other residents untold adversity.

The formation of the committee, the report said, was a waste of public resources and was done in a bid to settle political scores.

“The governor violated the due process by failing to seek the services of the auditor general who has properly recruited and competent public officers to conduct the audit,” an affidavit signed by the applicant said.

The decision of Governor Kang’ata, who is listed as the first respondent, and the committee listed as the fourth respondent not to pay some contractors inhibits the contractual relationship between the county government and the contractors, the petitioner says.

The applicant now wants the court to nullify the committee’s report on the grounds that no proper public participation was conducted and neither were the contractors properly heard, which violates the law.

“The court should nullify the governor’s actions as they contravene Fair Administrative Action Act and the Consumer Protection Act,” he says, asking that the petition be certified as urgent as he stands to suffer grave and irreparable harm.

The committee recommended the payment of Sh646 million out of Sh2.4 billion claimed by contractors, approving only 174 out of 516 tenders.

It also flagged 224 tenders worth Sh1.58 billion that were found to be lacking crucial documents such as evidence of supply of goods or proof of work done.

 Kang’ata had earlier indicated that the auditor general had advised the county government to only vet bills accrued between 2020 to this year as the auditor general had vetted bills accrued by the county government between 2013 and 2020.