Senate warns counties against rushing to court over disputes

The Senate Finance, Commerce and Budget Committee chairman Billow Kerrow. The Senate has warned counties against rushing to court before exhausting alternative dispute-resolution mechanisms. FILE PHOTO | SALATON NJAU | NATION MEDIA GROUP

What you need to know:

  • Mr Kerrow suggested that the Judiciary should make orders that compel those found culpable of wasting the courts’ time to pay penalties.
  • The county government and the Council of Governors moved to court to seek direction on whether it was in order for the Senate to investigate a matter before the courts.
  • Mr Wamatangi claimed the county would be losing up to Sh1 billion because funds were being committed to "questionable" expenditures in the county.

The Senate has warned counties against rushing to court before exhausting alternative dispute-resolution mechanisms.

The warning comes amid concerns that a significant amount of county funds is being spent on litigation.

The Finance Committee, chaired by Billow Kerrow (Mandera, URP), said the County Allocation of Revenue Act that stipulates that any attempt to take a dispute to court must be after the traditional options have failed.

Mr Kerrow suggested that the Judiciary should make orders that compel those found culpable of wasting the courts’ time to pay penalties.

“People simply don’t want to be held accountable. Accountability cannot be avoided by any institution,” said Mr Kerrow.

He added that money spent on unnecessary court processes could be utilised on development.

The senators cited Kiambu Governor William Kabogo, who they said has been reluctant to appear before parliamentary committees to respond to audit queries.

The reluctance, they said, was in the guise that the issues he is required to clarify were before the courts.

They revisited a recent ruling that said the Senate has powers to summon governors and told governors who were still running away from accountability that their days were numbered.

Mr Kerrow said every Kenyan has a right to petition Parliament to investigate an issue of public interest and those moving to court to stop a process meant to promote accountability were flouting the Constitution.

“Any attempt by the Council of Governors to avoid accountability by continuously engaging the courts to avoid appearing before Parliament is a waste of time and resources,” said Mr Kerrow.

WASTING PUBLIC FUNDS

He warned that Kiambu County would be surcharged for wasting public funds in seeking court orders stopping them from appearing before the Senate, before exhausting alternative dispute-resolution mechanisms.

“(The) Kiambu government is wasting time and taxpayers’ money to be in court for a matter not supposed to be in court,” Mr Kerrow said on Thursday, in response to the failure by the clerk of the county and the county assembly Speaker to appear before the committee.

The county government and the Council of Governors (CoG) moved to court to seek direction on whether it was in order for the Senate to investigate a matter before the courts.

“The committee will consider surcharging the two (the county government and the CoG) for engaging in litigation without going through the procedures for resolving disputes,” Mr Kerrow said at County Hall in Nairobi.

The committee is investigating claims that Mr Kabogo diverted funds meant for development towards the purchase of vehicles at exaggerated prices.

Other members present included Mr Mutula Kilonzo Jr (Makueni, Wiper), Dr Wilfred Machage (Migori, ODM), Ms Zipporah Kittony (nominated, Kanu), and Ms Catherine Mukite (nominated, Ford-K).

APPRECIATE SENATE SUPREMACY

Ms Kittony said it was unfortunate that four years after the promulgation of the Constitution, some leaders were yet to appreciate its supremacy as the reference point.

A group of members of the Kiambu County Assembly (MCAs) told the committee last week that the requirement that a governor’s memorandum rejecting the assembly resolutions must garner at least a two-thirds majority for the decision to be overturned.

In a petition to the Senate, the MCAs, led by Mr Martin Njoroge, argued that Governor Kabogo used his veto powers to rally the assembly to unconstitutionally pass a Supplementary Appropriation Bill.

The Bill had proposed the purchase of 72 vehicles at a cost of Sh221 million. The vehicles were for the department of Administration and Public Services, but the assembly’s finance and budget committee proposed that the vehicles be reduced to 12.

The Speaker was expected to respond to claims that he had ignored the committee’s proposal in favour of the governor’s memorandum that reduced the vehicles to 42 without changing the original cost.

ROADS MAINTENANCE

Mr Kimani Wamatangi (Kiambu, TNA) said the money the governor wants to spend on vehicles was intended for road maintenance.

“How do we divert funds meant for development to purchase vehicles whose intended use is vague? It is not clear whether the vehicles would be used by ward administrators or as ambulances, security personnel,” Mr Wamatangi said.

He said the culture of governors taking advantage of the law to impose their decisions on Kenyans irrespective of opposition from their elected leaders should be discouraged.

Mr Wamatangi claimed the county could be losing up to Sh1 billion because funds were being committed to "questionable" expenditures in the county.

The senator cited some Sh240 million set aside for information, communications and technology without proper procedures on implementation.