A case filed by an MCA against Governor Mike Sonko over the alleged loss of Sh1.7 Billion has been dismissed by a Nairobi County.
Peter Imwatok, the assembly minority leader, had filed a petition at the Anti-Corruption Court in April over the alleged loss of the monies through irregular procurement of health services for staff.
He alleged that the Nairobi City County administration authorised irregular procurement in the 2016/17 and 2017/18 financial years. He wanted the court to declare Sonko, former county secretary Simon Morintant, and former Finance CEC Veska Kagongo unfit to hold public office.
The Makongeni MCA also wanted the court to issue an order allowing an audit of the financial books of AAR Insurance Kenya and Bliss GVS Healthcare Limited for the stated financial years.
He was also seeking an order to have all funds paid to the AAR Insurance Company between July 1, 2017, to September 30, 2017, and October 1, 2017, to December 31, 2017, be returned to the county.
The petition was, however, thrown out by Justice Hedwig Ogundi who ruled that the court has no jurisdiction to hear and determine the matter.
“The petitioner ought to have filed his petition within the right agencies. The petition is premature,” ruled Ogundi.
The judge said Peter Imwatok should have followed the right procedure as laid out in the Public Procurement and Asset Disposal Act. He said he ought to have presented his complaints to the Ethics and Anti-Corruption Commission (EACC).
The petitioner was further ordered to pay damages to Governor Sonko and the other respondents.