Makandara Member of Parliament Mr Benson Muturi lawyer Kibe Muigai before Justice Mumbi Ngugi after he filed a petition seeking to broke Nairobi County Government from utilizing locally generated revenue until an account is made over the expenditure of Sh 20 billion Shillings. BY SAM ALFAN. Makadara Member of Parliament Mr Benson Muturi has filed a petition seeking to broke Nairobi County Government from utilizing locally generated revenue until an account is made over the expenditure of Sh 20 billion Shillings in the last two financial years.
The management of the County Revenue Fund in the financial year 2013 to 2015 has not been accounted for and the same has been used by the County government without the approval of Controller of Budget.
The MP through his lawyer Kibe Muigai, told the court that there is misuse of funds locally generated in the County government of Nairobi.
The lawyer told Justice Mumbi Ngugi, that over the last two financial years, the County Government of Nairobi has been spending revenue locally generated amounting to ten billion per year, without approval
Mr Kibe said the expenditure is unconstitutional, has all counties are required by Articlle 205 of the constitution to establish a County Revenue Fund (CRF), in which all revenue due to them must be paid to.
He said that to withdraw funds from CRF the controller of budget must give approval, which case is not happening in Nairobi County Government
“Nairobi County Government has not established or been paying the said revenue to CRF” the lawyer said.
Mr Kibe submitted that the action by the County Government of Nairobi means that for last two financial year over Sh 20 billion Shillings have been used without the approval of the controller of budget
“The action of Nairobi County Government violates the rules of prudence, accountability and transparency as prescribed by public finance management Act 2012” he said.
The lawyer at hearing of the petition, will be asking the court to find that Nairobi County has misused public funds and failed to ensure that locally generated revenue is paid to CRF has required by law.
He said that court will further be asked to hold that, County Government of Nairobi,\Nairobi County Executive Committee Member for Finance and Economic Planning, Nairobi County Treasury and Governor have since 2013 to 2015 been spending monies without the approval of Controller of Budget.
“The action of the officers amouts to violation of the principals of the public finance as set out in Article 201 of the constitution” the lawyer submitted.
The court heard that the efforts by the legislator to get the controller of budget to give redress to this patent and illegality has fallen into deaf ears.
He told the judge that the petition will seek to restrain the Governor, County executive for Finance from spending the locally generated revenue for Nairobi County until the determination on the application before the court is made.
The court certified the application urgent and directed that the same be served upon all the respondents and the matte be heard inter parties today.
Set out in Article 201 of the constitution” the lawyer submitted.
The court heard that the efforts by the legislator to get the controller of budget to give redress to this patent and illegality has fallen into deaf ears.
He told the judge that the petition will seek to restrain the Governor, County executive for Finance from spending the locally generated revenue for Nairobi County until the determination on the application before the court is made.
The court certified the application urgent and directed that the same be served upon all the respondents and the matte be heard inter parties today.
