- The legal department is said to have made the payment in the 2016/17 financial year without adequate documentary evidence.
- Last year, the department was on the spot for spending Sh480 million over the Sh100 million budget for the 2015/16 financial year.
- Acting County Attorney David Oseko explained that the payments were necessitated by warrants of arrest and garnishee court orders.
City Hall has once again been put on the spot over the Sh318.4 million in questionable payments to 12 law firms representing Nairobi.
The legal department is said to have made the payment without adequate documentary evidence.
During the 2016/17 financial year, the department’s legal costs totalled Sh645.3 million despite an approved budgetary allocation of just Sh105 million.
The cost was Sh540.26 million higher, 515 percent above the allocation for that year.
The revelation came up during a session by the county assembly's Public Accounts Committee (PAC), which arose from queries raised by Auditor General Edward Ouko.
Mr Ouko's report indicated that Sh592.4 million in legal fees was paid outside the Integrated Financial Management Information system contrary to the National Treasury directives.
“No authority for the supplementary expenditure was sought from the county assembly contrary to Section 196 (1) of the Public Finance Management Act, 2012. Consequently, the validity and propriety of legal fees for the year as disclosed in the financial statement cannot be confirmed,” it stated.
The report further revealed that Momanyi & Associates was paid Sh85 million for a 2011 case pitting the county against Edward Rukaya and two others.
Koceyo & Company Advocates was paid Sh83 million, with the county failing to produce files for audit review.
Wachira, Mburu, Mwangi & Company advocates was paid Sh32.37 million for a case between Josmass Enterprises and the county, in which the plaintiff sued for damages yet the evaluation of tenders had not been completed.
Momanyi & Associates was paid Sh8 million in another case and Koceyo over Sh20 million for two other cases.