Governors renew war on summons

Governors have renewed their bid to stop senators from summoning them over financial management in the counties, a week after the High Court gave the go ahead.

Yesterday, they said they would go to the Court of Appeal to challenge the June 24 verdict by Judges Isaac Lenaola, Mumbi Ngugi and George Odunga.

Through their lawyer, Mr Wilfred Nyamu the governors said they were likely to be summoned, following the judges’ decision to lift the temporary orders, which had barred the Senate from doing so.

“This court has the powers to grant conservatory orders to ensure the subject matter is not overtaken by events.

“The Senate would not suffer any prejudice because interim orders were in place for some time,” Mr Nyamu said.

But the senators strongly opposed the governor’s bid to have them barred from summoning the county chiefs.

“You are being asked to stop Article 125 of the Constitution for the sake of the governors yet your duty is to uphold the law. The Senate will not suffer but Kenyans will, if governors are not accountable,” said Mr Kioko Kilukumi, for the senators.

Mr Kilukumi said that governors had to be summoned to account for the use of public funds within their areas.

However, the governors insisted that if the conservatory orders were issued, the law would not be suspended because they have a right to appeal and that Kenyans’ rights would not end with the dismissal of a petition.

“I urge the court to grant us 21 days to file an appeal because the governors are still in office and are not handing over.

“It is our right to appeal and we will do so even if we do not win the case in the Court of Appeal,” Mr Nyamu added.

Last Wednesday, the governors had pleaded with Mr Justice Odunga to extend the earlier reprieve orders following the ruling so that they could appeal but the judge who had read the judgment on behalf of two others, declined.

Justice Odunga said that any orders or application with regard to the matter could only be issued by the entire bench and not a single judge.

The bench had ruled that governors must honour summons from the Senate, which must allow the oversight and legislative mechanisms in county levels to be concluded given that county governments have distinct functions.

The judges, however, said that the Senate does not have the sole constitutional power to direct the Controller of Budget and the National Treasury not to release funds to Kiambu, Bomet, Kisumu and Murang’a counties as well as summon the governors, in the first place.

The judges will give a ruling on Monday on the matter.