The High Court on Wednesday issued orders restraining Kiambu Governor Ferdinand Waititu from implementing a supplementary budget passed last month.
Justice James Makau granted the order after the county government withdrew its reply in a suit filed by members of the county assembly challenging the Sh16.5 billion budget.
The petition was filed by 10 Kiambu MCAs arguing that the supplementary budget Bill was not moved as stipulated in the standing orders.
According to the MCAs, the process of presenting, tabling and moving motions dealing with the Budget, Finance and Appropriation Bill, is the sole mandate of the relevant committee, which was not involved.
RULES NOT FOLLOWED
The MCAs, through lawyers James Mamboleo and Titus Ochichi, told the judge that the assembly did not follow the rules and procedures when passing the Appropriation Bill last month.
Stanley Kiarie, Peter Karuga, John Ngure and Samuel Kimani, said the committee of Finance, Budget and Appropriation was not involved in the process.
The court heard that on March 19, 2019 the procedure and rules committee met privately and split the Finance, Budget and Appropriation Committee into two, forming the Finance and Economic Committee and that of Budget Appropriation Committee, an act they said is illegal.
AD HOC COMMITTEE
They added that an ad hoc committee was created on March 21, 2019, contrary to the standing orders, with the sole aim of passing the Supplementary Appropriation Bill No. 3.
The MCAs said the move was meant to kick out the relevant committee, after the members refused to pass the Bill.
"Article 2 (3) of the County Governments Act provides that in case of a money Bill, 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 petition reads.
The MCAs said it was not procedural for the ad hoc committee to present the supplementary Bill in breach of the standing orders and the principles guiding all aspects of public finance.