• On Monday, Migori High Court justice Anthony Murima heard the petition by three committee members; orders accounts frozen.
• Marienga represents the NG-CDF board in the committee, while Mwabe, who vied against Peter Masara in the ODM nominations and later supported him, represents the legislator in the committee.
Suna West MP Peter Masara has called for peace after three residents and his key supporters filed a court petition complaining about the constituency fund's kitty and frozen funds.
On Monday, Migori High Court justice Anthony Murima heard the petition filed by three NG-CDF committee members, James Obonyo, Philip Mwabe and Jaoko Demba.
Marienga represents the NG-CDF board in the committee, while Mwabe who ran against Masara in the ODM nominations but supported him in the general election, represents the legislator on the committee.
Suna West NG-CDF manager and the NG-CDF national board are the first and second respondents, respectively.
“The petitioners are out to get their rights and justice in court, they are our friends and we call for peace in Suna West,” Masara told supporters outside the court.
Masara said it was sad that the public interest was suffering in the petition as workers' August salaries (were not paid) and statutory deductions (were not remitted), after the court earlier ordered funds closed.
“We have contractors who took loans to work, other projects are completed but we can’t pay because the accounts are frozen. We hope the matter will be over in court for us to give services in the county," Masara said.
Her termed the petition, by his former political friends as “a friendly match between brothers, which will be handled soberly.”
On Monday in court, Murima said he will rule on midday on September 19 after defenders’ lawyer Omonde Kasera filed an application to have the petition thrown out.
Kasera told the court that according to the NG-CDF Act Section 6 all complaints or disputes by anyone should be forwarded to the board.
The three petitioners complained that they have not been allowed to participate in committee business, were sidelined from business transactions and the committee at constituency level has not been constituted in the spirit of the Constitution.
They also forwarded general complains of fraud.
“Any in-(house) action by the board should not move to court but they should seek a judicial review to compel action,” Kasera said.
But the petitioners’ lawyer Robert Maua said that in early 2018 and March 2019 they wrote to the board over the complaints but no action was taken.
He said his clients' “signatures are being forged, money is withdrawn as funds are released and are being misused.”
The case is to continue or be dismissed thrown on September 19.
(Edited by V. Graham)