Tuesday, June 26, 2012

Mars Group Kenya Update: Mars Group Moves to Court seeking to stop Illegal and Unconstitutional withdrawal of KSHS 424 Billion from the Consolidated Fund

Mars Group Moves to Court seeking to stop Illegal and Unconstitutional
withdrawal of KSHS 424 Billion from the Consolidated Fund


Mars Group has this afternoon filed a Petition 271 of 2012 in the Constitutional
Court against The Attorney General and the Minister for Finance of the Republic
of Kenya. The Petition lists the Controller of Budget as an interested party.
The petitioner is Jayne Mati acting in defense of the Constitution and in the
Public Interest. The Petition will be heard tomorrow morning TUESDAY 26TH 2012
by Justice Mumbi Ngugi.

THE FACTS
ON the 21st June 2012 the National Assembly passed a motion of Vote on Account
authorizing the Minister for Finance to withdraw from the Consolidated Fund
Kshs. 424,666,046,946 without an Appropriation Bill even having been published
in contravention of articles 206, 221 and 222 of the Constitution of the
Republic of Kenya.

THE Motion of Vote on Account, was expressed to be brought under the provisions
of Article 222 of the Constitution, yet an Appropriation Bill had not been
published.

The High Court previously pronounced on 23rd December 2011 that Article 222 of
the Constitution cannot apply to withdraw money on a vote on account without the
existence of a published Appropriation Bill.

The introduction of the Motion, and the subsequent approval by the National
Assembly of the motion are ultra vires Articles 206, 221 and 222 of the
Constitution and is therefore a violation of the Constitution of Kenya.

The Petition Prays for among other prayers 

1.    The Court be pleased to issue a declaration that the National Assembly
contravened Articles 206, 221, and Article 222 and 259 of the Constitution of
the Republic of Kenya by permitting debate, approving and passing the Motion
authorizing the withdrawal of Kshs. 424,666,046,946/= from the Consolidated Fund
brought before the House on the 21st June 2012 and the Motion is therefore null
and void.

2.    The Court be pleased to issue a declaration that it is unconstitutional for
the Controller of Budget to  approve any withdrawal from the Consolidated Fund
unless she is satisfied that the withdrawal is authorised by law, and that in
this case there is no law authorising the puported Vote on account of 21st June
2012.

3.    The Court be pleased to issue a conservatory order restraining the Controller
of Budget from approving withdrawal of any money from the Consolidated Fund
pursuant to the Motion of Vote on Account passed by Parliament on 21st June 2012
and/or without an Appropriation Bill or Act of the National Assembly.


Mars Group Kenya
Watching Out For You

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