Governors’ bid to stop Senate summons flops

A bid by governors to overturn a judgement that allows the Senate to summon them has failed after judges declined to grant the orders.

On June 24, High Court Judges Isaac Lenaola, Mumbi Ngugi and George Odunga ruled the Senate can summon governors.

And yesterday, the governors had asked the court to reverse the judgment and grant them leave to appeal.

However, Justice Lenaola, who read the ruling, said they could not grant the orders because the county bosses had not made a formal request. He said they needed a detailed argument to determine whether or not to issue such and order.

“We made our judgement based on the law. The oral application the governors have made is limited in terms of the applicability of the law, specific orders sought and the reasons given. A formal application should be made,” Justice Lenaola said.

The judges said the governors must honour Senate summons.

Lawyer Wilfred Nyamu, for the governors, had told court the judgment should be halted for 30 days to enable them to appeal since the Senate would not be prejudiced.

But Mr Kioko Kilukumi, for the Senate, argued the court could not suspend the provision for senators to summon governors without being seen as failing to uphold the law.

“The public stands to suffer if governors do not account for their actions with regard to financial management. The oral application made here is unmerited,” Mr Kilukumi said.

The court said senators must also allow oversight in counties given that county governments have distinct functions.

The court said the Senate does not also have the powers to stop the Treasury and the Controller of Budget from releasing funds to Kiambu, Bomet Kisumu and Murang’a counties after th governors failed to honour their summons.