A case seeking to stop Finance minister Uhuru Kenyatta from reading the annual budget will be heard tomorrow. The hearing could not proceed yesterday because the lawyer acting for the NGO which lodged the case did not indicate in their application the orders being sought.
High Court Judge Jeanne Gacheche told lawyer Eric Komollo that she could not certify the case urgent because of the anomaly. She directed him to file the documents properly. Komollo returned to court at 2.30pm but was informed that the case could only be heard on Thursday.
The case has been filed by the International Centre for Policy and Conflict through its executive director Wainaina Ndung’u. The NGO has sued Uhuru for failing to submit the budget estimates to Parliament two months before the end of the 2010-2011 financial year.
Also sued is the Treasury PS Joseph Kinyua, the Speaker of the National Assembly Kenneth Marende and the Attorney General Amos Wako.
The NGO wants the court to stop the minister from reading the national budget on June 8 because he has contravened the provisions of the constitution with regard to the budget. Also being sought is an order stopping Marende from allowing the minister to proceed with he reading of budgetary estimates.
Wainaina fears that if Uhuru is allowed to read the budget, he will have directly contravened and violated his rights and the public participation in the budgetary process.
Uhuru and Kinyua should be compelled to immediately submit the budgetary estimates for the financial year commencing July 2011 to the National Assembly, the NGO says.
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