Besieged Meru Governor Kawira Mwangaza has written to the Controller of Budget Margaret Nyakango seeking an advisory opinion over MCAs' demands for allocation of a ward fund.

In a letter dated October 27, the governor said she believes the demand by the Members of County Assembly for the allocation of a ward fund to each of the 45 wards in the county is illegal.  

"While the primacy of equitable allocation of county revenues, development projects and access to soci-economic opportunities to all wards and Meru county citizens is a constitutional requirement, I believe the demands by Hon. Members of Meru County for an MCA-managed Ward Fund may be an illegality and therefore unconstitutional," Kawira said.

She said the award of such a fund would be in contravention of the County Governments Act, the Public Finance Management Act and Public Procurement and Disposal Act.

Kawira adds that such an arrangement would undermine and compromise the separation of powers between the executive and the legislative arm of Meru county.

"In view of the above, and in order to get the correct legal and administrative position on this matter, I'm seeking your advisory opinion on whether Members of the Meru County Assembly can legally be allocated ward funds to be administered by themselves at the ward level," Kawira states in the letter.

MCAs have demanded for the establishment of the Ward Development Fund to enable them fulfill their pre-campaign pledges to the electorate.

Kawira said the demands have been made to her severally during meetings she has held with the ward reps and through the media.

She said the MCAs have threatened not to approve the proposed nominees of the County County Executive Committee members submitted to them over two weeks ago. 

"The argument by the Hon. Members is that during their campaigns, they made promises to their electorate which they now desire to implement using dedicated allocations to the ward fund," she said.

But in her argument, the governor avers that the right way for the MCAS to include their development projects in the budget would be through County Integrated Development Plan (CIDP).

"During this process, MCAs and the local community are at liberty to include priority projects into the CIDP, that MCAs then allocate budgets during subsequent budgeting projects.

Kawira is staring at a possible ouster from office after a resident on Thursday filed an impeachment petition in the county assembly.

Selasio Thuranira wants the governor censured for gross misconduct and alleged abuse of office.

He accuses the governor among other things of flouting the law in the appointment of the Meru County Revenue Board general manager and for violating the Constitution by appointing her relatives in government.

This includes the appointment of her husband, Murega Baichu, as the Meru Youth Service (MYS) patron.

MCAs will evaluate the petition next week to ascertain whether it meets the threshold for debate.