Attorney-General Kihara Kariuki wants the court to dismiss out a suit seeking orders against the Treasury over bills incurred defunct Municipal Council of Mombasa.
The AG said the County government of Mombasa jumped the gun by rushing to court instead of opting for the provided dispute resolution mechanism.
The AG said the court should reffer the case, in which the county wants the National Treasury to set aside funds for debts, to alternative dispute resolution mechanisms
“The petition is filed contrary to the Constitution and section 30-35 of the Intergovernmental Relations Act which provides that national and county governments to have mutual relations on the basis of consultation, cooperation and settle disputes amicably,” argued the AG, through Principal State counsel Nguyo Wachira.
Through lawyer Murtaza Tajbhai, the county government said that it has been receiving court orders, decrees and demands in regard to people claiming from the defunct municipality.
Operations are greatly prejudiced and its financial obligations are becoming overwhelming owing to the financial burden, the county argued.
In the meantime, the county government is seeking a temporary order to suspend all arrest warrants and execution proceedings against its executive member and chief officer finance, county secretary and the county attorney pending hearing and determination of the petition.
The case has been fixed for hearing on February 17.
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