Resident sues woman rep Lydia Haika over Sh90.4m Ngaaf fund

Taita Taveta Woman Representative Lydia Haika at a past event. PHOTO | LUCY MKANYIKA | NATION MEDIA GROUP

What you need to know:

  • Ms Pamela Mwanyika Mwamburi, who has also sued the chair of the county's Ngaaf committee, alleges nepotism and tribalism by the two parties in awarding the money issued between 2014 and 2018.
  • Ms Mwamburi wants Ms Haika and the chairperson compelled them to supply her with a certified list of bank accounts that received the money from 2014 to 2018, pending determination of the petition.
  • She wants Ms Haika and the chair declared unfit to participate in Ngaaf's administration, in their individual or official capacities.

A Taita Taveta resident has sued Woman Representative Lydia Haika, alleging irregularities in disbursement of Sh90.4 million under the county's National Government Affirmative Action Fund (Ngaaf).

Ms Pamela Mwanyika Mwamburi, who has also sued the chair of the county's Ngaaf committee, alleges nepotism and tribalism by the two parties in awarding the money issued between 2014 and 2018.

In a petition filed at the High Court, Ms Mwamburi further claims that Ms Haika and the chair demand bribes from applicants.

The petitioner also claims the two parties deliberately refuse to give the money to the needy yet it is available.

She alleges high levels of corruption and bribery at the county Ngaaf committee.

BANK ACCOUNTS

Ms Mwamburi wants Ms Haika and the chairperson compelled them to supply her with a certified list of bank accounts that received the money from 2014 to 2018, pending determination of the petition.

She wants the list accompanied by details of minutes and resolutions authorising opening of accounts.

This includes signatories, the total amount of money released from the national government into the county account and the total expenditure.

The petitioner further wants a conservatory order barring Ms Haika and the chair from accessing, or dealing in any way, with the funds so as not to interfere with the statements she is seeking.

She is also seeking an order compelling the Auditor-General, whom she has also sued, to audit the county's Ngaaf accounts for that period and submit the report to the court for verification of proper funds use.

Ms Mwamburi has listed Taita Taveta and eight others as interested parties in the case.

AUDITED ACCOUNTS

The resident claims she has requested the committee's audited accounts for financial years ending June 30, 2015 to June 30, 2018 but that the respondents declined to submit them.

She says she wishes to read and evaluate the audited reports to determine whether the money was put to good use.

The petitioner notes that Article 35 of the Constitution entitles her to this information and that Article 232 requires high standards of professional ethics, efficient, effective and economic use of resources, accountability and transparency in public service.

“Despite reports of massive corruption, bribery and favouritism at the committee being in the public domain, the relevant law enforcement agencies have taken no steps to intervene,” Ms Mwamburi says.

She wants Ms Haika and the chair declared unfit to participate in Ngaaf's administration, in their individual or official capacities.

Ms Mwamburi is also seeking a declaration that women, youths and persons living with disabilities are entitled to the funds.

Justice Eric Ogola certified the application as urgent and ordered an inter-parties at the High Court in Voi on December 9.