The Attorney General wants a petition challenging the withdrawal of Sh424 billion from the Consolidated Fund of government be withdrawn. Githu Muigai yesterday said continuing with the petition will be "an academic exercise" as there is alreadya law that gives guidelines on the use of the Consolidated Fund.
The High Court further heard that there was a suit filed earlier which had been determined by judge David Majanja. Justice Majanja had ruled that there must be an Appropriation Act in place before the government can withdraw money from the Consolidated Fund. But Kabugu Muguku, acting for the lobby group, yesterday told judge Mumbi Ngugi that in their suit, they are asking the court to declare that certain practices are unconstitutional, which were not dealt with in judge Majanja's decision.
The judge however stated she will give further directions on the case on July 30. In the case, Mars Group filed the petition in court challenging a motion passed by Parliament to withdraw the money to run government operations four days after it was approved. It wanted the court to stop the said withdrawal.
Mars in the court documents had asked the court to make declarations that the decision by the national assembly is illegal. Also sought was an order declaring that it will be unconstitutional for the controller of budget to approve any withdrawal from the consolidated fund unless she is satisfied that the withdrawal is authorized by law.
Justice Ngugi had a week ago declined to issue the order stopping the Controller from approving the withdrawal of the money, saying since the bill has been published, it would serve greater interest of public not to do so. "If I issue the order, it will cause greater damage. But if the motion is moved in Parliament, you can come back to court," she said yesterday.