Controversy over the disbursement of county allocations has deepened after the Council of Governors (CoG) dismissed claims by Treasury Cabinet Secretary John Mbadi that all their dues have been released. 

The Governors described Mbadi’s claims as misleading and maintained that counties are still grappling with a biting cash crunch. CoG Finance and Economic Planning Committee Chairman Fernandes Barasa said the counties are yet to receive September allocations. 

“I want to tell Mbadi that he should stop misleading Kenyans. You know very well when money is released from the National Treasury to the County Revenue Fund through the Central Bank of Kenya and it takes a minimum of two weeks for counties to get money,” said Barasa.

“We have a lot of bureaucracy and inefficiency at the office of the Controller of Budget. The arrears for September was repealed last week and it has yet to reach the designated projects accounts.” 

The Kakamega Governor added that they were pushing for reforms in the Office of the Controller of Budget, saying money released to the County Revenue Fund “must reflect within 48 hours and not two weeks.”

Barasa maintained that governors would not accept the push by MPs to slash their funds. “We want to tell our lawmakers that counties need money so that they can finance their development projects and uplift the lives of their people and as Governors our stand is clear that we want Sh400 billion from the Exchequer as opposed to Sh380 billion being pushed by MPs,” he said.

Barasa lauded ODM Leader Raila Odinga for standing with the Governors and urged Senators to remain firm.

On Monday, CS Mbadi said the ministry had fully disbursed the funds to counties except for the current month. The ministry also shared documents that indicated it disbursed Sh30.8 billion in June and Sh32.7 billion in July, Sh30.8 billion and Sh32.7 billion in August and September respectively.

Some Sh30.8 million meant for October is currently in process, according to the document shared by the National Treasury.

On Friday, Raila accused MPs of undermining devolution by encroaching on the responsibilities of county governments. 

Speaking at his Capitol Hill office in Nairobi, Raila urged the National Assembly and the Senate to resolve their standoff over an additional Sh20 billion in shareable revenue for counties. By Bernard Lusigi, The Standard

The director of public prosecutions (DPP) is opposed to the bail application of Hajji Ali Mwizerwa, who is accused of defiling his 14-year-old stepdaughter. 

The DPP filed a 25-page written submission to the court, signed by senior state attorney, Timothy Amerit ahead of the upcoming hearing scheduled for November 26, 2024.

In his bail application, Mwizerwa claimed that he was arrested on September 30, 2024, at Kajjansi police station, and detained for seven days before being transferred to Nateete police station for another four days. He was subsequently charged with aggravated defilement on October 11, 2024, and remanded to Kigo prison. 

Mwizerwa argued that he has no prior criminal record and that the case has faced significant delays, as the prosecution informed the lower court on October 30, 2024, that investigations were ongoing. He further stated that his family has endured mental, psychological, and financial hardships since his arrest.

He emphasized that as a law-abiding citizen with a fixed place of abode in Bulenga-Kikaaya A Zone, Ssumbwe Parish, Wakiso sub-county, and Bweya, Kajjansi town council, Wakiso district, he is entitled to bail based on his constitutional right to presumption of innocence.

He also argued that the offence charged does not involve violence and that he poses no risk of interfering with witnesses or investigations. Mwizerwa cited health concerns, specifically his struggles with gastric ulcers and high blood pressure, which he argued could worsen if he remains in detention for an extended period. He also presented sureties, claiming they would ensure his compliance with bail terms.

However, the DPP, in response, opposes Mwizerwa’s bail application, citing five key grounds for denial. The DPP argues that the charge of aggravated defilement is a serious offence, punishable by a life sentence or the death penalty, which makes it likely that Mwizerwa would abscond from the trial if granted bail. The prosecution further contends that there are no exceptional circumstances that would warrant Mwizerwa’s release.

The DPP also said Mwizerwa’s bail application because his residences in Bulenga and Bweya are not verified, and his ties to Juba, South Sudan, pose a flight risk. Furthermore, the prosecution asserts that his international connections and previous stays outside Uganda heighten concerns about his commitment to remain within the jurisdiction.

The DPP also questions the sufficiency of Mwizerwa’s sureties, stating there is no evidence of their financial ability to meet bail conditions. Additionally, the DPP highlights the risk to public safety, as the victim has expressed feelings of vulnerability and insecurity due to Mwizerwa’s close familial ties. The victim was reportedly attacked on October 31, 2024, at Nasser Road, where she was dragged into a hostile crowd that blamed her for Mwizerwa’s legal predicament.

The prosecution further cites an affidavit from Sabila Abdella, the OC CID at Kajjansi police division, noting that Mwizerwa's actions justify a restrictive stance on bail. Abdella referenced Ugandan case law that denies bail for capital offences to prevent risks to public safety and justice.

In conclusion, the DPP asserts that the nature of the offence, the likelihood of Mwizerwa absconding, the potential for interference with witnesses, and the high public interest in the case strongly support the denial of his bail request. Mwizerwa's troubles began when his wife accused him of defiling her daughter, leading to his arrest and subsequent legal proceedings.  By URN / The Observer