High court stops implementation of Murang'a budget

Murang’a County operations could grind to a halt after a court stopped the adoption of a supplementary budget approved by ward representatives. 

The action comes after two residents sued in a Nairobi High Court demanding the revocation of the spending plan.

Justice Enock Mwita on Monday issued orders suspending the adoption of the plan and ordered that the county respond to the application within 14 days.

In their application, residents Peter Mwangi and Allan Mburu termed the document passed on January 24 illegal, noting that amendments to the supplementary budget exceeds the 10 per cent stipulated in the Constitution.

Through Waithaka and Associates advocates, the two residents said the county had taken out money from crucial departments, warning that it would cripple activities in the affected dockets.

'UNREALISTIC PROJECTION'

The petitioners further questioned a move to increase the revenue collection target from Sh850 million in the initial annual budget to Sh1.3 billion in the supplementary budget.

They claimed that between July last year and January the county had collected Sh193 million.

While dismissing the projection as unrealistic, Mr Mwangi and Mr Mburu argued that it was an attempt to deceive Controller of Budget Agnes Odhiambo into approving the changes.

“This is [against] the backdrop of a shrinking revenue base as the county has reduced rates for markets, motorcycles, and other sources of revenue,” they noted in their application.

According to the petitioners, the amendments were part of a well-organised scheme to misappropriate funds by transferring money from the development budget to the recurrent one that they said was easily siphoned.

CONSTITUTION 'DISREGARDED'

“These activities being undertaken in an election year are a well-organized scheme from various state officers working in cahoots with the county assembly,” they said.

Governor Mwangi Wa Iria has assented to the supplementary budget, but the controller of budget is yet to approve the budget to allow the county to access the money.

In their application, Mr Mwangi and Mr Mburu wanted the controller of budget restrained from approving the budget until the case challenging the illegal expenditure is concluded.

The duo accused both the assembly and the executive of disregarding clear provisions of the Constitution and regulations in public finance management governing the budget-making process.

The case will mentioned on February 21.