The Kenyan Controller of Budget Agnes Odhiambo has a Sword of Damocles poised behind her neck.
For allegedly disobeying a court order to release funds to the counties in the country, the Speaker of Makueni Assembly has instituted contempt proceedings against the CoB appealing for her committal to prison.
High Court Judge Isaac Lenaola had in June ordered the CoB to release 50 percent of each county’s budget to their assemblies after 47 counties filed a joint motion protesting the seizure of their funds.
However, at the hearing both the plaintiffs and the respondent had consented to 50 percent of the funds being released
But it would appear CoBAdhiambo had had a change of mind outside the court.
However, County Governor KivuthaKibwana disapproves of the suit filed by Makueni Assembly Speaker.
“The county government does not support the suit. We have nothing to do with the suit. I don’t even think it has a legal basis,” Prof Kibwana told reporters.
But the law is the law and is not dispensed based on faces. So Justice MumbiNgugi insists that Odhiambo’s disobedience of the order empowers the assembly to commence contempt proceedings against her to enforce the consent court order.
The 47 speakers had sought orders to prevent the Commission on Revenue Allocation and the CoB from withholding their county budgets.
It was the CRA that had written to Odhiambo directing her to stop the assemblies from accessing the funds.