Senators mull over ways to summon defiant governors

Senators may use their constitutional powers to summon county officials who decline to appear before them to respond to queries on expenditure.

The Constitution empowers the National Assembly and the Senate or its committees to summon any person to appear before it to give evidence on matters before it.

In such a case, Parliament has powers as the High Court to enforce the attendance of witnesses or compel the production of documents required to comprehensively investigate an issue.

The Senate Finance Committee, chaired by Billow Kerrow, warned governors against misappropriating public funds and then rush to courts to stop the Senate from probing them over county expenditure.

The lawmakers said a recent High Court ruling allows the Senate to summon governors and is in line with the Constitution.

“How else can we exercise this constitutional right if we can’t summon governors to account for the funds we push for the counties (to get)? I don’t see the logic in a governor feeling uncomfortable when asked to account for public funds,” said Mr Kerrow.

He said they would evaluate why the clerk of the Kiambu County Assembly and the Speaker failed for a second time to appear before the committee, to shed light on how a Bill on the purchase of vehicles was processed.

The senators, who met Tuesday at County Hall in Nairobi, are investigating claims that Kiambu Governor William Kabogo diverted funds meant for development towards the purchase of vehicles at inflated prices.

This is after some members of the county assembly (MCAs), led by Mr Martin Njoroge, petitioned the Senate to probe the governor for allegedly using his veto powers to rally the county assembly to pass a Supplementary Appropriation Bill.

MANIPULATION

The senators present included Senate Majority Chief Whip Beatrice Elachi, Prof Anyang’ Nyong’o, Mr Mutula Kilonzo Jr, Dr Wilfred Machage, Ms Zipporah Kittony and Ms Catherine Mukite.

In the petition that was presented by Kiambu Senator Kimani Wamatangi (TNA), the Bill had proposed the purchase of 72 vehicles at a cost of 221 million, but the county assembly's Finance and Budget Committee proposed that the number be reduced to 12.

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

The MCAs appealed to the Senate to re-look at the requirement that a governor’s memorandum that rejects the assembly's resolutionsa must garner at least two-thirds majority to overturn the county boss's decision.

They said it is difficult to raise the number in most counties because MCAs are manipulated and party loyalty takes precedence when voting.

Mr Wamatangi said the money the governor wants spent 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 (or by) security personnel,” Mr Wamatangi said.