A resident of Kisumu has petitioned the High Court to block the Controller of Budget Agnes Odhiambo from approving Ward Equalization Fund untill MCAs account for Sh56 million Ward Maintenance Fund for the last three financial years.
The petitioner, Noah Joseph Olwero, through a sworn in affidavit before High Court in Kisumu claimed that about 35 MCAs and their ward offices have failed to account for Sh55,600,000 meant for the ward office maintenance.
Mr Olwero cited a notification letter by the Clerk of the County Assembly dated May 6 last year that gave notice that up to 35 MCAs have failed to act according to the legislation and regulations of the Fund to which they themselves put in place to guide the utilisation of the ward office disbursements.
“This action has violated the Constitution and the county government regulations hence I request the court to nullify the establishment of Ward Development or Equalization Fund until the petition is decided on,” observed Mr Olwero through the affidavit.
Mr Olwero who is also a member of the Kenya Tax Payers Association said the MCAs also violated the Constitution by illegally establishing and appointing committees to manage the Ward Development Funds.
“The Clerk has failed to avail for public scrutiny the composition of membership of the Ward Development Committees formed under the Ward Development Funds Act as demanded by the law to confirm whether the principle of separation of powers, gender, ethnicity and regional balance is complied with,” stated Mr Olwero.
While noting the the constitutional principles of transparency and good governance he claimed that in his own knowledge that the clerk of the County Assembly has failed to avail himself for public scrutiny on the financial expenditure despite numerous calls to do so.
Also enjoined in the petition is the County Executive member for Finance and Economic Planning George Ongaya.
"Mr Ongaya has failed his constitutional duty to ensure the financial management for the county is responsible and the fiscal reporting is clear as required. His cavalier attitude has led to the opaqueness and pilferage of public funds,” states Mr Olwero.
He also accused Mr Ongaya, MCAs and the Clerk of engaging in the unconstitutional borrowing of funds without public participation and has since failed to account for the revenue raised by the county for the period of 2014 and 2015.
Mr Olwero noted that in the County Budget there is a provision for the Ward Equalization Fund but the MCAs and the Clerks have availed a Bill titled Ward Development Funds for public participation hence creating confusion and uncertainty as to the legislation that shall approve the withdrawals from the fund.
In the affidavit he also raised concern over the manner in which the public funds have been used to fund unnecessary local and foreign trips that do not add any development value to the residents of Kisumu.
“This imprudent way of spending money unnecessarily does not add any development to locals but provides opportunity for the MCAs to draw hefty allowances that they sometime fail to account for with proper documentations,” stated read the affidavit in part.
He accuses Mr Ongaya, MCAs and the Clerk of failing to comply with the report of the Auditor General that recommended that funds which have been illegally allocated, misappropriated and unjustified be recovered from the beneficiaries as required by law.
The petition which was placed before Judge Esther Maina is set to be heard on April 20.