Construction of the proposed Trans Nzoia Referral Hospital will go on undeterred following an appeal by the County Government of Trans Nzoia, governor Khaemba has revealed.
The high court in Kitale last week issued orders declaring the sale agreement of a 5-acre piece of land (on which the hospital is being constructed) between the County Government of Trans Nzoia verses Messes Ratilal Gosar, Vipul Ratilal and Avir Shah.
The case was declared null and void due to lack of public participation in the said purchase instructing that money the county government had spent on the purchase be refunded unconditionally.
The court orders by judge Chemitei was a culmination of a petition lodged by Timothy Otuya Afubwa and Fred Maruti in March 2014 who had argued that lack of public participation as required by article 87 could incur citizens of Trans Nzoia heavy financial losses.
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However, the county government of Trans Nzoia immediately filed an appeal challenging the court ruling and was given reprieve when the high court orders were set aside pending the hearing of the appeal.
Speaking to the press at the referral hospitals site undergoing construction, governor Khaemba said that the whole process of acquiring the piece of land and properties was above board and the necessary oversight bodies had given it a clean bill of health’
He blamed politicians on what he termed as meddling in the counties development projects that are derailing development in the county adding that politics will not detract him from delivering his pre-election pledges to the people of Trans Nzoia.
“Politician are the ones meddling in affairs necessary for the development of this county, they are the ones who brought in E.A.C.C teams to this county, they have let us down”, said Khaemba.
“We have come a long way in this process fighting and winning many politically instigated battles regarding the referral hospital. The orders by judge Chemitei are as unfortunate as are ill-timed but we have been given the go-ahead to construct following the appeal we lodged because we cannot let petty politics deter us from delivering the pledges we made to our people,” said the governor.
Khaemba threatened to sell the referral hospital at a higher price and proceeds taken to the National Government if there would be no common ground where leaders will not be involved in the meddling of the affairs of the county projects.
He said that the money spent so far is Kshs.590 million and upon completion the project will use Kshs.2 billion and if the noise persists he will ask the MCAs to sell the hospital at thrice the amount he has spent on the referral project saying the residents risk losing the project that has been made by his administration.
If the noise persists concerning this referral Hospital, I will ask my MCAs to sale the hospital thrice the money that I have spent on this project and leave the county without a Referral.
The bone of contention is the cost of land which the petitioners argue that Sh. 185 million was far too high since the sellers had acquired it for only Sh.26 million from the original owner before selling it to the county government.
The court ruling was supported by several politicians including Kiminini Mp Dr. Chris Wamalwa and his Saboti counterpart David Lazaro who wanted Governor Khaemba to carry the blame for the wrongful expenditure of money for the county.
Dr. Wamalwa threatened to go to the court and petition Governor Khaemba answer to charges relating to poor expenditure of counties money which by his which they said Governor Khaemba squandered the money meant for the county
He said according to the constitution article 226 says any public officer misusing tax payers money must be surcharged and he was willing to take the Governor to court basing on the constitution so that the is compelled by the court to surcharge the lost money which he said was lost by Khaemba administration.
He however challenged senator Henry ole Ndiema and nominated senator Catherine Mukite who were present as representatives of the county to make sure that the money meant for county development does not go to waste but put into meaningful projects intended for the county and appealed to them to take the matter upon the senate so that Governor Khaemba is allowed to face their committee on accounts to explain how money was lost.
His sentiments were supported by Saboti legislator David Lazaro who congratulated the court on its ruling and said it’s a landmark ruling which will see that tax payers money is not lost by the Khaemba administration.
He said Governor Khaemba duped the public by purchasing the building which was condemned and the purchase was done in secrecy without involving the public participation and appealed to the residents of the county to send the governor home come next year’s general elections
He questioned the procedures used in the purchase of the building as it didn’t involve even leaders of the county to give their views concerning the purchase of the referral building which has attracted now disputes within the county.
However, a valuation audit ordered by the Auditor General revealed that the market price of the property as at that time should have been Sh. 200 million.
Some legal analysts had argued that the acquisition of the land could not have lead to loss of public funds more than judge Chemitei’s orders.
According to Dan Mwangi, a legal consultant, the county government has spent so many public resources on the project and declaring that only Sh. 185 million be refunded is irrational and unfair to the public of Trans Nzoia.
“Valuation Audit of the property revealed that it cost no more than Sh. 200 million while the county government of Trans Nzoia acquired it at Sh. 185 million. Since then, close to half a billion shillings have been pumped into this project otherwise very good public interest and declaring that purchase value be refunded to the government unconditionally would cause heavy financial losses to the people of Trans Nzoia,” said Mwangi.
