Odhiambo’s representative Tuti Waweru tells court that it is the county assembly that approves payment while the COB approves withdrawal
Image: FILE
The High in Kisii directed Controller of Budget Agnes Odhiambo on Thursday to swear an affidavit within seven days to explain why she has not obeyed orders on withdrawal of money.
Justice David Majanja gave the order after Kisii CEC Moses Onderi said Odhiambo’s office had failed to approve withdrawal of money to pay Five Star Matatu Organisation Sh489,000 owed to it by the defunct Kisii Municipal Council.
However,
“My Lordship, our work is to approve withdrawal of funds when the county assembly approves the same,” he said.
“I now direct that the Controller of Budget swears an affidavit to show cause why she disobeys court orders seeking withdrawal of funds,” Majanja said.
Members of the Five Star Matatu group include Peter Nyamosi, Kennedy Moindi and David Nyamweya. They filed a case in the chief magistrate's court in 2009 seeking to have the defunct municipal council pay them a debt of Sh213,000. The money has increased to Sh489,000.
After the municipality failed to obey the chief magistrate’s court ruling, the group, through lawyer Dennis Nyatundo, moved to the High Court in 2015 and filed a judicial review.
Justice Winfrida Okwany upheld the ruling of the magistrate’s court and directed that the county government pay the organisation its dues.
When Onderi appeared before Justice Majanja, he defended the government saying it is the Controller of Budget who had failed to approve the payment.
“You have to show cause why the county government has not cleared the debt as directed by the court,” Majanja said.
He directed Onderi to file a detailed affidavit on what steps he was taking on the matter.
The case will be mentioned on May 2.