Court to decide Mandago-MCAs battle over Sh3.5bn

The row between Uasin Gishu Governor Jackson Mandago and MCAs over the control of Sh3.5 billion development funds is now in the High Court.

MCAs approved the Uasin Gishu County Equitable Development Act giving them control of 40 per cent of the funds through the wards.

But an NGO has filed a court petition to stop its implementation. The assembly says Mandago is using the NGO.

Mandago wants the county executive to control all development funds and says some wards need funds more than others.

Lawyer Angu Kitigin representing the Eldoret Centre for Human Rights sought stay orders against the act s supported by all MCAs.

Governor Mandago declined to sign it into law but MCAs unanimously overrode his veto the second time, effecting the law without Mandago’s signature.

The county boss has opposed the Act through which each of the 30 wards will receive Sh43 million for development, which amounts to more than Sh1.5 billion annually

This means Mandago will only control  60 per cent of the allocation, about Sh2 billion.

“My client argues that the Act is unconstitutional and should be declared so by the High Court,” lawyer Kitigin said on behalf of the NGO. 

MCAs led by speaker David Kiplagat and Majority leader Josphat Lowoi were in court in Eldoret for the hearing yesterday.

They declared "full support" for the Uasin Gishu County Equitable Development Act that was gazetted last week.

“We filed an objection against the case by the civil society group because they have no locus standi to file such a petition and have not stated their interest in the matter,” said lawyer Zephania Yego representing the assembly.

He argued that the petitioner has also wrongfully sued the county government, the Attorney General and the Commission for Revenue Allocation.

“That is why we want the case struck out on technical grounds under the well-known Mutunga rules concerning such cases,” Yego said.

The High Court adjourned the hearing until July 24 after Kitigin sought more time.

Some of the MCAs said the county government was using backdoor means to defeat the law. The law was widely supported by county residents during public participation.

Mandago’s administration argues that all the wards cannot receive an equal amount for development, given some of them had lagged behind for many years.

Edited by E. Kibii

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