Nyeri budget stalemate has stalled crucial services, Gachagua tells court

Nyeri Governor Nderitu Gachagua (left) with Mombasa Senator Hassan Omar the Senate threw out an impeachment motion against him on September 14, 2016. Mr Gachagua has told the Nyeri High Court that MCAs have stalled crucial services in the county after refusing to pass the 2016/2017 budget. PHOTO | ANTHONY OMUYA | NATION MEDIA GROUP

By  Faith Nyamai

Reporter

Nation Media Group

What you need to know:

  • Some residents are seeking orders directing the county government to resubmit the county budget estimates to the assembly.
  • They want the court to stop the implementation of the 2016/2017 budget which was passed by the county assembly.
  • The stalemate is among the major reasons that MCAs voted to impeach Mr Gachagua.
  • But Mr Gachagua survived the impeachment after the senate rejected all the charges brought against him.

The Nyeri County government has accused members of the county assembly of stalling crucial expenditure by failing to approve the annual budget.

Through lawyer Patrick Ngunjiri, Governor Nderitu Gachagua told the High Court in Nyeri that due to the Sh6.4 billion budget stalemate, nearly all sectors including health, agriculture, energy, roads and infrastructure had stalled.

In an affidavit sworn by the county Finance Executive Charles Githinji on behalf of the county government and the governor, the court heard that the county assembly grossly violated the constitution, public participation requiremets, and the county government Act, 2012 and the Nyeri Public Participation Act by failing to approve the budget.

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Dr Githinji was making his response in a case in which an MCA allied to governor Gachagua and 19 residents have moved to court to stop the implementation of the 2016/2017 budget which was passed by the county assembly.

Chinga MCA Paul Mwangi Ngiria and the 19 residents, through lawyer Robert Kimunya, sued Governor Gachagua, the county government, the county assembly, the Controller of Budget and the Attorney-General over the budget stalemate.

RESUBMIT BUDGET TO ASSEMBLY

They are seeking orders directing the county government to resubmit the county budget estimates to the assembly and that the assembly in turn reconsiders the estimates and passes them in accordance with the law.

Mr Ngunjiri told Justice John Mativo on Thursday that Nyeri residents have been denied services due to the budget stalemate.

The stalemate is among the major reasons that MCAs voted to impeach Mr Gachagua.

GACHAGUA SURVIVES IMPEACHMENT

But Mr Gachagua survived the impeachment after the senate rejected all the charges brought against him.

According to Dr Githinji, the Constitution and the said Acts empower the county executive through his office to manage the budget-making process at the county government level.

PUBLIC PARTICIPATION

Dr Githinji said the process requires that there is adequate and efficient public participation.

“The county government invited the public in all the Nyeri sub counties to give their views on the Nyeri County budget for the financial year 2016/2017,” he stated.

Residents identified projects to be implemented in their respective wards, he said.

After presenting the budget to the county assembly, Dr Githinji said, the MCAs made substantial changes.

“The county assembly did not seek my views and concurrence at all in making the recommendations to the whole House,” he said.

Dr Githinji said that as result, county projects have stalled and county departments are unable to function.

Justice Mativo will hear the case on October 3, 2016

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