The Controller of Budget has declined a request by Meru Senator Kathuri Murungi not to authorize withdrawals of money from the County Revenue Fund by impeached Governor Kawira Mwangaza.

Responding to a letter by Murungi on the basis that the Senate had on August 20th resolved that the Governor of Meru be removed from Office on grounds of gross misconduct and therefore she should be barred from accessing the funds, the Controller of Budget Dr Margaret Nyakang’o said her office is unable to grant the request on account of an active court order staying implementation of the resolution of Senate.

“In light of the court order stopping the implementation of the resolution of the Senate to remove from office the Governor of Meru County, it means that the Governor is still in office until such a time as the Court may issue other orders,” Dr Nyakang’o said in the response dated August 27.

She added: “Consequently, in light of the Court orders and the Appropriation Act being passed into law, the office is unable to acquiesce to your request to not authorize withdrawal from the Meru County Revenue Fund. This office undertakes to respect the rule of law and abide by all orders that emanate from the Court in this matter.”

Subject to the resolution of the Senate, the Controller noted that the Governor moved to court under a certificate of urgency vide Petition No. HCCHRPET/E249/2024 (Hon Kawira Mwangaza vs Speaker of the Senate).

At the ex parte hearing of the application on August 21, Hon Justice Bahati Mwamuye ordered that pending the inter parties hearing and determination of the suit, “a conservatory order be issued staying the furtherance or implementation of the Senate.”

Nyakang’o further explained that in light of the Court order stopping the implementation of the resolution of the Senate to remove from office the Governor of Meru County, it therefore means that the Governor is still in office until such time as the Court may issue other orders.

This then means that the Governor has the capacity to assent to the Appropriation Bill as envisaged under section 24(1)(a) of the County Governments Act.

“Consequently, in light of the Court orders and the Appropriations Act being assented into law, the office is unable to acquiesce to your request to not authorise withdrawal from the Meru County Revenue Fund,” Nyakang’o told Senator Kathuri in the letter.

In addition, the Controller of Budget emphasized that her office undertakes to respect the rule of law and abide by all orders that will emanate from the Court in this matter.