The High Court has stopped Wajir County government from undertaking any development projects proposed in the 2021/2022 budget estimates after a resident filed a case challenging the county Finance Act 2021.
Justice Anthony Murimu on Friday issued orders restraining Governor Ahmed Ali Mukhtar from undertaking any projects proposed in the budget pending hearing and determination of a case filed by Mr Gulled Osman Gure, a resident.
“That pending further orders of this court, an interim order is hereby issued restraining the respondents from taking any performances in respect of any development project whose funding is within the budget estimates for the FY 2021/22,” read the orders.
In the case filed on February 18, Mr Gure sought orders to quash the county budget estimates and the Wajir County Finance Act, which he claims are illegal.
The petitioner says the budget estimates lack itemisation of funds provided for payment of pending bills. He claims that it does not state which particular pending bills will be settled as required by the public Finance Management Act.
The lack of transparency and itemisation, he said, provides an avenue to syphon funds through cronies by the county executive and other influential individuals.
The petitioner claims Wajir County government has many ghost projects which are meant to misappropriate public funds.
“There has been no transparency in the identification, verification, procurement, allocation of the county development projects and the people of Wajir are likely to suffer irreparable loss should the respondents proceed to implement the budget estimates for the year 2021/22 and the finance act,” read the petition.
Mr Gure wants the court to declare the budget making process illegal. He is also seeking orders to quash the budget estimates.
He has sued the Wajir County government, Governor Mukhtar, the county assembly and the county Executive Committee member in charge of Finance.
The Controller of Budget, the National Treasury, Ethics and Anti-Corruption Commission, the Commission on Administrative Justice and Transparency International have been listed as interested parties in the case.
The budget estimates were passed and adopted on August 24, 2021 before another petition was filed.
The petitioner of the initial case had shown interest to withdraw the matter before Mr Gure filed his petition.
In his ruling, Justice Murima ordered that the initial petition be heard alongside Mr Gure’s, pending hearing and determination of a case challenging the Wajir County Finance Act 2021.
