Governors in court to block Senate summons

The Council of Governors on Tuesday moved to court to stop four members from appearing before the Senate to answer audit queries.

The governors, through lawyer Peter Wanyama, argued that the summons to governors Isaac Ruto (Bomet), William Kabogo (Kiambu), Mwangi wa Iria (Muranga) and Jack Ranguma (Kisumu) to appear before the Sessional Committee on County Public Accounts Investments is an abuse of powers.

Mr Wanyama told High Court judge Weldon Korir that the summons, as well as the freeze on the release of funds from the Treasury to the four counties, would affect the running of necessary services.

“Governors are not accounting officers. The Senate has refused to let members of the County Executive Committee and Chief Officers at the Counties who are the actual accounting officers to appear before it in total disregard to the existing county financial management,” said Mr Wanyama in the court papers.

RIGHT MECHANISMS

According to the Council of Governors, governors are open to accountability but want the right mechanisms followed, including the Public Finance Management Act 2012.

“Counties need money to offer services to the public adequately. This is a serious issue and stopping the funds would cause irreparable crisis,” said Mr Wanyama.

Mr Justice Korir certified the case as urgent and asked the Council of Governors to serve the suit documents to the Senate.

“I have read and understood your pleadings. I certify the matter as urgent, serve the Senate and the matter has been admitted for hearing on Thursday before the duty vacation judge,” said the judge.

The Council of Governors is seeking both a declaration and a permanent injunction to bar the Senate from summoning governors or the accounting officers at the county level to appear before it to answer questions on county public finance management.

RELEASE FUNDS

They also want an August 7 Senate resolution that directed the Treasury and the controller of budget not to release funds to Kiambu, Bomet, Kisumu and Murang’a counties quashed.

And based on the separation of powers arguments, governors want a declaration that the oversight and legislative mechanisms at the county level be concluded first since the Senate’s oversight is limited to national agencies that manage national revenue allocated to counties, such as the Treasury.

In case the summons are to be fulfilled, they want it declared that members of the executive committee and chief officers responsible for finance to appear before the Senate to generally provide information that helps the Senate to only undertake its oversight functions as stated in Article 96 of the Constitution, as well as Section 148 of the Public Financial Management Act of 2012.

The case will be heard on August 21.