Government Sued over Constitutionality of the Hustler Fund

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Operation Linda Ugatuzi, a lobby group in Nairobi has used the Kenya Kwanza administration’s 50B Hustler Fund project which it says was launched without the formation of an advisory board.

Through its lawyer Benard Odero Okello, the lobby wants the court to suspend any further disbursements of the funds arguing that there has not been any establishment of a board contemplated under Regulation 10 of the regulation by the Treasury cabinet secretary.

”Despite the said fund being stated to have been removed from the consolidated fund without following the due process enshrined in the law, the president has indicated that a further role out of the second phase of the fund is to be released to the public soon,” Operation Linda Ugatuzi says in its court documents.

”Unless this court issues orders of stay against further role out of the Financial Inclusion Fund pending hearing and determination of this application, the legislations enacted pursuant to the constitutional provisions on public finance stand to be violated irreparably to the detriment of the current citizens of the Republic of Kenya and future generations,” the documents continue.

Operation Linda Ugatuzi is seeking to have the courts compel President William Ruto’s administration to provide information on the source of the funds that are currently being disbursed as the Financial inclusion fund.

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