COMPTROLLER OF BUDGET REBUFFS MERU SENATOR OVER DENIAL OF COUNTY FUNDS APPEAL

Attempts by Meru Senator Kathuri Murungi to have Meru County government cut off from accessing funds from the national government have been rebuffed after Controller of Budget (CoB) Dr Margaret Nyakang’o bluntly told him that only the law will prevail in discharging her mandate.
Mr Murungi, also the Senate deputy Speaker, had requested Dr Nyakang’o not to authorize withdrawals from Meru County Revenue Fund (CRF) at the Central Bank of Kenya (CBK) on the basis that the Senate had on August 20, 2024, upheld the removal from office of the governor by impeachment.
What alarmed Dr Nyakang’o is that the deputy Speaker, who should be well versed with the law, made the request on August 23, 2024, just two days after the High Court had issued orders staying the Senate decision following the governor’s application before the court.
“Consequently, in light of the court orders and the Appropriation Bill being assented into law, the office is unable to acquiesce to your request to not authorize withdrawal from the Meru County Revenue Fund,” Dr Nyakang’o says in the letter of August 27, 2024 to the Senator.
The CoB added; “the office undertakes to respect the rule of law and abide with all orders that will emanate from the court in this matter.”
Under the constitution, the national and county governments cannot withdraw public funds without the approval of the CoB so as to check against misuse or abuse of the funds.
In what appears like a lecture to the Senate Deputy Speaker, Dr Nyakang’o notes that because the court order stopping the implementation of the resolution of the Senate to remove from office the governor of Meru County is still in force, “it therefore means that the Governor is still in office.”
This is until such a time as the court may issue other orders, meaning that the governor has the capacity to perform all her duties as provided in the constitution and the law including assenting to the Appropriation Bill as stipulated in the County Governments Act.
Justice Bahati Mwamuye, while issuing the orders on August 21, 2024, stated; “pending the hearing and determination of the application, a conservatory order be and is hereby issued staying the furtherance or implementation of the resolution of the Senate removing from office the Governor of Meru by way of impeachment.”
The constitution establishes the Consolidated Fund and the County Revenue Fund (CRF) for the 47 county governments.
All revenues raised nationally- taxes and Appropriation in Aid (AiA) and public loans procured by the government- go into Consolidated Fund.
Money raised or received by or on behalf of the county government is paid into the County Revenue Fund.
Articles 206 (4) and 207 (3) state that money shall not be withdrawn from the two funds unless the Controller of Budget has approved the withdrawal.
Dr Nyakang’o went on reminded the Senate Deputy Speaker that the Office of the Controller of Budget (OCoB) is an independent constitutional office established under Article 228 of the constitution.
This means that the office is not subject to directives from other quarters on how it should discharge its mandate.
The Article states that the mandate of OCoB shall be to oversee budget implementation by authorizing withdrawals from public funds and report to parliament every four months on budget implementation.
Part five of the Article places a duty on the CoB not to authorize withdrawals from the government funds unless satisfied that the withdrawal complies with the law.