Justice Anthony Mrima issued the interim order Monday after being informed that both the impeached governor Mohamed Abdi and the new county boss Ahmed Ali Muktar are actively in office.
Mr Muktar took the leadership of the county government in May following the impeachment of Mr Abdi by the Senate over gross violation of the Constitution.
The High Court has stopped the Controller of Budget from releasing money for payment of pending bills in Wajir County following a dispute on who is the legitimate governor to approve the clearance of the Sh2 billion owed to contractors and suppliers.
Justice Anthony Mrima issued the interim order Monday after being informed that both the impeached governor Mohamed Abdi and the new county boss Ahmed Ali Muktar are actively in office.
Mr Muktar took the leadership of the county government in May following the impeachment of Mr Abdi by the Senate over gross violation of the Constitution.
However, the ousted governor returned to office on the strength of a court order that he claimed had suspended the impeachment and reinstated him to power.
Last week Mr Abdi stormed the county government headquarters in a motor vehicle with the official governor’s registration number plates. He believes he is the county boss until 2022 when his five-year term comes to an end.
CONFUSION REIGNS
At the centre of the political tussle is a contestation that Mr Muktar was sworn-in contrary to a court order that had stayed the coming into force of the Senate's decision to impeach Mr Abdi.
Justice Mrima was Monday told that as a result of the conflict, there is a confusion on payment of the bills.
Justice Mrima said the interim order that bars payment of the debts will remain in force until a petition filed by three residents of Wajir county is determined.
He said the interim order is aimed at balancing interests of both the county government and the unpaid suppliers as he insisted that the order does not affect release of funds for the development projects.
He also declined to stop the execution of the budgetary estimates for development projects as urged by the petitioners.
"It will be imprudent to stop the entire development budget for 2021/22 financial year. This will have adverse effects on operations of the county government. The contestation relate to how pending bills are being paid," said the judge.
"The Controller of budget has agreed that the budget can be partially stayed," he added.
The petitioners led by Ibrahim Adan Hassan are challenging the decision of the new governor to approve payment of fresh debts and leaving out the old obligations.
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