Groups claim the county has refused to provide information on the budget estimates to the public
They further argue that the respondents have relied on a non–existent budget plan to form the contents of the alleged estimates
Seven non-governmental organisations have gone to court seeking to stop the clerk of the County Assembly of Mombasa from tabling, debating or holding sessions to approve budget estimates for the year 2018/19.
Through lawyer Nyange Sharia, the seven organisations that have also sued county executive committee member for finance & economic planning are seeking the order pending hearing and determination of their application.
The NGOs claim the respondents have failed and refused to provide information regarding the budget estimates to the public for proper scrutiny and engagement.
“The respondents have failed and refused to avail the annual development plan and County Integrated Development Plan (CIDP) to the public for proper reference and meaningful participation by the public,” the application states in part.
The organisations
The organisations are Local Empowerment for Good Governance, International Centre for Policy and Conflict, Kituo cha Sheria, Kwacha Africa, Commission for Human Rights and Justice, Manyatta Youth Entertainment CBO and Haki Yetu St Patrick.
They further argue that the respondents have relied on a non–existent CIDP to form the contents of the alleged budget estimates at the assembly.
“Despite being cognisant of the national values and principles of the country emphasising on the principles of public participation in the county government, the respondents have failed to uphold the same principles,” argued the NGO’s.
The NGO’s said the CEC Finance published a notice in a newspaper inviting the residents to submit memoranda on the county budget estimates for the financial year 2018/19.
According to the petitioners, the implementation of the call for submissions of the memoranda has been designed by the respondents with an intention of denying the residents an opportunity to participate as stakeholders in matters of financial spending for the county.
'Illegal exercise'
They argue in their petition that the continued formulation of the budget estimates before completing the process of formulation of the CIDP and the annual development plan is an illegal exercise.
The NGOs further argue that any consultation on the budget and critical planning processes should be conducted at ward levels to ensure equality and equity for all residents of Mombasa.
In their petition, they are seeking a declaration that the notice published in the newspaper violates the County Government Act, the Public Finance Management Act and the Access to Information Act.
They are also seeking a permanent injunction restraining the clerk from convening, debating and approving budget estimates for the financial year 2018/19.
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