An MCA who wants Governor Mike Sonko, ex-county secretary and finance chief shown the door must follow the law.
The MCA, Peter Imwatok from Makongeni is alleging that there has been misuse of Sh1.7 billion in procurement of Health facilities for county staff.
However, the high court dismissed his suit with cost saying that the MCA jumped gun instead of following the right procedure.
“The petition and Notice of Motion dated 20 of May 2018 are hereby struck out with costs” ruled Judge Ong’undi.
Justice Edwing Ongudi of the Anti-Corruption division said that the court lacked jurisdiction to entertain the application which raises weighty issues touching on procurement.
“I find that this court lacks the jurisdiction to entertain the petition and Notice of Motion dated 20 of May ,2018. That being the case , I have no choice but to down my tool’s and I find it needless to address the other issue’s raised by the respondents in the preliminary objections.” Ruled Judge Ong’undi.
As such, Imwatok should have channeled his complaints to the Ethics and Anti-Corruption Commission, Directorate of Criminal Investigation Office and the Procurement Board before filing a suit at the court.
“The petitioner ought to have filed his numerous complaints with well established agencies which have competencies to investigate them and make a decision. I find the petition was filed prematurely before exhausting the laid down procedure, calling for investigations by various bodies and agencies.” Ruled the judge.
The judge said that to entertain the application will amount converting the court to an investigatory body.
Lawyer Harrison Kinyanjui and Steve Mogaka for the county held that the allegations of misuse of county funds as raised by the MCA do not specify clearly what he wants the court to act against the governor..
They are too ambiguous for the court to make any determination.
Makongeni MCA was seeking orders to allow an audit of the financial books of AAR Insurance Kenya and Bliss GVS Healthcare Limited for the financial years 2015/16, 2016/17, and 2017/18.
“I’m seeking a declaration that Sonko, former county secretary Simon Morintant, and former finance chief Veska Kagongo are unfit to hold any public office,” said Mr Imwatok in the petition.
He is also asked for an order to have all funds paid to AAR Insurance Company with respect to the two extensions of July 1, 2017 to September 30, 2017 and October 1, 2017 to December 31, 2017 returned to the county.
Imwatok claims the Public Procurement Oversight Authority irregularly authorized the release and payment of Sh1.7 billion from Nairobi City County accounts to the .
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