The High Court, on Friday, suspended a Ksh16.5 billion supplementary budget passed by Kiambu county assembly after MCAs complained that while passing the bill, proper rules and procedures were not followed.
Justice James Makau stated that no funds should be released until the case is determined.
The MCAs, through lawyers James Mamboleo and Titus Ochichi, told the judge that the bill was not moved as stipulated in the standing orders.
They noted that the process of presenting, tabling and moving motions dealing with budgetary matters was the sole mandate of the Finance, Budget and Appropriations committee yet it was not involved.
Justice Makau directed the MCAs to serve the county and the Controller of Budget with the court papers ahead of the mentioning of the case on April 9, when other directions will be given.
On March 21 during the tabling of the supplementary budget, chaos erupted at the Kiambu County Assembly over differences in the contents of the budget.
In what appeared to be deeply personal differences between the MCAs over the running of the county’s affairs, the legislators exchanged blows and hurled bottles of water at each other.
The supplementary budget proposed, among other things, the reduction of the development money by over half a billion shillings, an increase in salaries by over Ksh1 billion and the approval of Ksh356 million which financed operations of the controversial rehabilitation programme dubbed Kaa sober.
In the document, Governor Ferdinand Waititu’s administration wanted the assembly to pass over Ksh356 Million which financed operations of Kaa sober between July and December last year.
The money was spent without the approval of the assembly as required by the law.
A section of the members who were against it opined that the bill required thorough scrutiny before being discussed yet the Speaker Stephen Ndichu insisted that it needed to be debated and passed.
