- Justice Makau says procedures were not followed when budget was approved
- Ten Kiambu MCAs filed petition challenging Sh1.6 billion supplementary budget for 2019
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The High Court has permanently stopped Kiambu Governor Ferdinand Waititu from implementing a Sh16.5 billion supplementary budget for this year.
Justice James Makau declared that the Kiambu county assembly abdicated its duties by failing to procedurally deal with the budget of 2018-2019.
"I hereby issue orders prohibiting the respondents from implementing Kiambu Appropriation Bill No 3 of 2019. Accordingly, I allow the petition and order the county government and the Controller of Budget to pay the cost ," the judge ruled.
Justice Makau said procedures were not followed when the budget was approved.
The judge also restrained the Controller of Budget from approving or overseeing implementation of the supplementary budget.
Makau further annulled a gazette notice dated March 25, 2019 on the supplementary budget. The estimates were gazetted immediately they were controversially passed in a session in which blows were exchanged at the county assembly.
The orders were issued after 10 Kiambu MCAs filed a constitutional petition challenging the Sh1.6 billion supplementary budget for 2019.
The MCAs through lawyers James Mamboleo and Titus Ochichi informed the court that Governor Waititu signed into law the Appropriation Bill 2019 and was in the process of acquiring funds from the National Treasury.
The court heard the Finance, Budget and Appropriation Committee of the county assembly was not involved and that the Bill was not moved as stipulated in the Standing Orders.
The lawyers said the county assembly while passing the Appropriation Bill did not follow the rules and procedures, saying that some of the petitioners were not consulted.
They further argued that the process of presenting, tabling and moving motions dealing with finance is the sole mandate of the relevant committee of the assembly, which in this case was involved.
According to the MCAs, on March 19 the Procedure and Rules Committee met privately and split the Finance, Budget and Appropriation Committee into two: the Finance and Economic Committee and Budget Appropriation Committee, which is illegal.
The lawyers say on March 21 an ad-hoc committee was created illegally and contrary to the Standing Orders purposely to pass the supplementary budget, saying the move was meant to kick out the relevant committee which had refused to pass the Bill.
“Article 2 (3) of the County Governments Act provides that a money Bill in the county assembly may proceed only in accordance with the recommendations of the relevant committee of the county assembly and getting views of county executive committee members responsible for Finance,” the court heard.
The lawyers said that it was unprocedural for the ad-hoc committee to present the supplementary Bill. It was in breach of the Standing Orders and the principles guiding all aspects of public finance as enshrined in the Constitution.