Kakamega High Court Tuesday extended orders staying the implementation of Vihiga County's Sh5.8 billion 2021/22 budget for 10 more days, further deepening the financial crisis facing the devolved unit.
Justice Farah Amin extended the earlier orders that had been set for July 6 to July 15 when the matter will come up for mention and review of the orders
The court will also use the July 15 sitting to confirm compliance of the orders and service of submissions by the respondents.
Kakamega High Court Tuesday extended orders staying the implementation of Vihiga County's Sh5.8 billion 2021/22 budget for 10 more days, further deepening the financial crisis facing the devolved unit.
Justice Farah Amin extended the earlier orders that had been set for July 6 to July 15 when the matter will come up for mention and review of the orders
The court will also use the July 15 sitting to confirm compliance of the orders and service of submissions by the respondents.
Former county secretary Francis Ominde and political analyst, Joseph Simekha petitioned the High Court challenging the legality of the budget after the Deputy Governor Dr Patrick Saisi raised the alarm that the document was not approved by the county executive committee before it was submitted to the assembly.
They have sued finance executive Alfred Indeche, Governor Wilber Ottichilo, Speaker Hasna Mudeizi and assembly clerk Ambaka Kilinga.
The controller of budget, the deputy governor and all the CECs have been listed as interested parties.
Justice Amin dismissed the move by the respondents to oppose extension of the orders on grounds that this was causing suffering to Vihiga people.
The judge, while extending the orders, affirmed that the matter is of great public interest.
Mr Ominde and Mr Simekha, through court papers, are alleging that the government spending plan is illegal because it did not get approval of the county executive committee as required by the law.
The stay orders now put on hold execution of the budget including disbursement of funds by the National Treasury, six days after the start of the new financial year.
With the orders extended, Governor Ottichilo will not be able to assent to the approved budget while the Controller of Budget will not approve the document.
The petitioners argue that the estimates needed to first get approval of the county's cabinet as required by Section 129 (1) of the Public Finance Management Act, the Constitution and other applicable laws.
The matter first emerged in May when the Deputy Governor wrote to Speaker Mudeizi informing her that the budget estimates that had already been forwarded to the assembly for consideration had not been discussed and approved by the county's cabinet.
At the time, Dr Saisi — who has since fallen out with Governor Ottichilo — had asked to return the county’s Sh5.8 billion budget to the executive to enable it go through the required process.
