Activist petitions court to freeze personal account holding public finances

Activist Okiya Omtatah at Milimani Law Court on September 14, 2018. PHOTO | EVANS HABIL | NMG

What you need to know:

  • The activist has named the committee’s chief executive officer Peter Leley, saying he directed public funds to be channeled through a private account and Monica Wambua, the committee’s assistant director, for handling public funds using her private bank account.
  • IGTRTC took over the functions of Transitional Authority and is mandated to establish a framework for consultation and co-operation between the national and county Government.

Activist Okiya Omtatah has petitioned the High Court to freeze an account at Stanbic Bank operated by Intergovernmental Relations Technical Committee (IGRTC) saying it is a personal account used to handle public funds.

In a certificate of urgency, Mr Omtatah says he is apprehensive that the large sums of public funds, which have been deposited in the account are exposed since the account is not subject to checks and balances in law, which govern public accounts to safeguard public money.

The activist has named the committee’s chief executive officer Peter Leley, saying he directed public funds to be channeled through a private account and Monica Wambua, the committee’s assistant director, for handling public funds using her private bank account.

IGTRTC took over the functions of Transitional Authority and is mandated to establish a framework for consultation and co-operation between the national and county Governments, among other functions. The committee was also tasked with identification, verification and transfer of assets of the devolved units.

“There has been no delay in filing this since the applicant/petitioner has just learnt that on 19th October 2021 or thereabouts, to enable the 1st Interested Party to conduct the valuation of public assets, the National Treasury transferred some Sh180 million to the State Department of Devolution, which then transferred the funds to IGRTC but, as the accounting officer, the 1st Respondent (Mr Leley) used his discretion unlawfully to transfer the money to the personal account,” he said in an affidavit.

He wants the court to freeze the operations of the account, pending the determination of the petition.

Mr Omtatah also wants the court to direct the Auditor General to conduct a forensic audit of all accounts operated by IGRTC, showing the flow of money to and from the said account.

“It is the petitioner's case that the decision to use a personal account to handle public funds is both unlawful and unconstitutional and, therefore, invalid,” he said.

He says there was no public participation in the decision to use the personal account to handle the Committee’s funds.

PAYE Tax Calculator

Note: The results are not exact but very close to the actual.