Governors’ case referred to Mutunga

Mr Justice Isaac Lenaola of the High Court during past proceedings. Mr Lenaola Thursday directed that the case file be forwarded to Dr Mutunga for him to appoint a Bench to determine whether senators have the powers to issue summons to governors over audit queries. PHOTO | BILLY MUTAI | FILE

Chief Justice Willy Mutunga is to appoint a panel of judges to determine a case lodged by governors to stop the Senate from summoning them.

Justice Isaac Lenaola Thursday directed that the case file be forwarded to Dr Mutunga for him to appoint a Bench to determine whether senators have the powers to issue summons to governors over audit queries.

PREVIOUS CASE

“I have taken a policy decision. A matter such as this should be heard by more than one judge,” he said at the Milimani Law Courts in Nairobi.

The judge explained that the matter was similar to a previous case filed by a civil society organisation and ought to be heard by a panel of judges.

In the previous case, Lady Justice Mumbi Ngugi quashed summons that had been issued to nine county bosses.

In the present matter, governors argue that county executive committee members and chief officers are more appropriate in assisting the Senate to perform its oversight function. The case will be mentioned on August 25.