Arid and Semi-Arid Land (ASAL) counties are among the top contributors to the more than Ksh15 billion spent on legal fees, domestic travel, and subsistence by county governments, according to the latest report by Auditor General Nancy Gathungu.
The report, covering the financial year ending June 2024, raises serious concerns over widespread fiscal indiscipline, resource misallocation, and weak accountability in the management of public funds.
Gathungu’s audit reveals that several counties, particularly in the ASAL regions, engaged in questionable expenditure practices that lacked value for money and documentation to justify the legality and effectiveness of the spending.
She warned that the mismanagement of funds has not only contributed to wastage but also negatively impacted the implementation of development programs, thereby threatening economic growth and sustainable service delivery to citizens.
Kilifi County, under Governor Gideon Mung’aro, was cited for spending Ksh71.6 million on legal services.
The funds were paid to six private legal practitioners offering consultancy, legal representation in court cases, and even a settlement payment to a firm that had previously sued the county for breach of contract.
In Mandera County, the audit flagged Ksh45.5 million paid for legal services, noting a troubling pattern of failure to comply with court orders.
This non-compliance has led to ballooning legal costs, including decretal sums, interest, and suit-related expenses.
Tana River County, led by Governor Dhadho Godhana, paid Ksh30.7 million to four legal firms representing the county executive in various legal matters.
The Auditor General further highlighted an additional Ksh67.5 million in legal payments made by the county executive for unresolved legal claims.
In one case, the county’s failure to settle an initial Ksh8 million claim with a motor vehicle sales company resulted in a court-awarded payout of Ksh68.6 million after interest and legal costs accrued.
In her report, Gathungu noted that these expenditures could have been avoided had the counties complied with court rulings promptly.
She stated that the lack of value for money in such spending could not be confirmed.
The Auditor General expressed concern that despite repeated audit findings indicating weak accountability and insufficient documentation, a failure to apply sanctions has allowed some accounting officers to continue mismanaging public resources without consequence.
The report calls for urgent intervention by oversight bodies to enforce fiscal responsibility, particularly in ASAL counties where the need for efficient public investment is critical.
With these regions already facing challenges such as food insecurity, climate shocks, and underdevelopment, the Auditor General warned that continued misuse of funds risks stalling progress and eroding public trust in county governments.