How Counties Squander Huge Resources on Legal Fights and Trash Collection

By The Weekly Vision

Governors reportedly spent a staggering Ksh 4.8 billion on legal fees and garbage collection, according to a recent report by the Controller of Budget, Margret Nyakang’o. The report reveals that Sh2.7 billion was used for legal expenses, arbitration, and compensation payments, while Sh2.1 billion was allocated to garbage collection. The report highlights eleven counties that incurred significant costs on legal fees. These counties include Nairobi, Kajiado, Kakamega, Kisumu, Kwale, Meru, Migori, Narok, Nyeri, Tana River, and Wajir.

The report identifies several challenges affecting budget execution, including:

  • The National Treasury’s failure to disburse the June 2024 equitable share of revenue to county governments.
  • High expenditures on personnel emoluments.
  • Low spending on development budgets through commercial bank accounts.
  • Underperformance in generating own-source revenue.
  • High pending bills.
  • Delays in submitting financial and non-financial reports.
  • Excessive travel expenses.

Nairobi County, under Governor Johnson Sakaja, had the highest expenditure, with Sh1.563 billion spent on garbage collection and Sh941.86 million on legal fees, arbitration, and compensation. In Kajiado County, led by Governor Joseph Ole Lenku, Sh128.51 million was spent on legal fees, while Kakamega County, under Governor Fernandes Barasa, spent Sh181.43 million. Kisumu County, governed by Anyang Nyong’o, spent Sh239.78 million on legal fees and Sh11.43 million on garbage collection. Kwale County, led by Governor Fatuma Achani, spent Sh46.67 million on legal fees.

Meru County, governed by Kawira Mwangaza, spent Sh77.45 million on legal fees and had various other expenses, including Sh42.42 million on membership fees, Sh800,000 on medical expenses, Sh200,000 on laundry, and Sh1.49 million on counselling services. Additional expenses included Sh2.28 million for technical services, Sh580,000 for professional services, Sh13.58 million for contracted guards and cleaning, Sh38.61 million for constituency office expenses, and Sh200,000 for bank service commissions.

Migori County, led by Governor Ochilo Ayacko, spent Sh109.15 million on legal fees and Sh9.06 million on garbage collection. Narok County, under Governor Patrick Ntutu, spent Sh190.73 million on legal fees and Sh83.02 million on garbage collection. Nyeri County, governed by Mutahi Kahiga, spent Sh70.73 million on legal fees. Tana River County, led by Dhadho Godhana, spent Sh124.28 million on legal fees and Sh2.85 million on garbage collection.

The report also details other counties’ expenditures:

  • Wajir County: Sh56.1 million on legal fees.
  • Samburu County: Sh9.71 million on legal fees.
  • Siaya County: Sh20.7 million on legal fees.
  • Bomet County: Sh5.51 million on legal fees and Sh19.5 million on garbage collection.
  • Bungoma County: Sh16.45 million on legal fees.
  • Busia County: Sh37.60 million on legal fees.
  • Elgeyo Marakwet County: Sh2.73 million on legal fees.
  • Embu County: Sh2.34 million on garbage collection and Sh20.48 million on legal fees.
  • Garissa County: Sh7 million on legal fees.
  • Homa Bay County: Sh12.74 million on legal fees.
  • Isiolo County: Sh10 million on legal fees.
  • Kericho County: Sh4.69 million on legal fees and Sh30.02 million on garbage collection.
  • Kiambu County: Sh3.45 million on legal fees.
  • Kirinyaga County: Sh28.07 million on legal fees.
  • Kisii County: Sh31.42 million on legal fees and Sh45 million on garbage collection.
  • Machakos County: Sh37.86 million on legal fees.
  • Mandera County: Sh45.5 million on legal fees and Sh44.13 million on garbage collection.
  • Marsabit County: Sh15.98 million on legal fees.
  • Murang’a County: Sh30.73 million on legal fees with no specific budget for contracted garbage collection services, relying instead on a fleet of trucks for fuel and loader wages.
  • Nandi County: Sh33.67 million on legal fees.
  • Nyamira County: Sh30.93 million on legal fees.
  • Tharaka Nithi County: Sh20.23 million on legal fees.
  • Trans Nzoia County: Sh21.78 million on legal fees.
  • Turkana County: Sh30.20 million on legal fees.
  • Uasin Gishu County: Sh37.68 million on legal fees.
  • Vihiga County: Sh5.01 million on legal fees.
  • West Pokot County: Sh8.9 million on legal fees.

The report emphasizes that “other operating expenses” include legal fees, subscriptions to professional bodies, contracted guard services, professional services, and membership fees.