Senate allowed to summon governors

What you need to know:

  • A three-judge bench comprising justices Isaac Lenaola, Mumbi Ngugi and George Odunga said the Senate could summon governors to answer questions on county government finances.
  • They also dismissed the claims that the Senate’s power was limited to oversee national agencies which manage the national revenue allocated to counties.
  • Governors Isaac Ruto, William Kabogo and Jack Ranguma were to appear before the Senate on August 26, 2014 after the committee on county public accounts and investments issued them with summons on August 12.

Governors challenging the Senate’s powers to summon them suffered a blow on Wednesday when the High Court dismissed their plea.

A three-judge bench comprising justices Isaac Lenaola, Mumbi Ngugi and George Odunga said the Senate could summon governors to answer questions on county government finances.

They said stopping of funding to county governments  could only be done according to the law.

Consequently, the judges refused to quash the resolution issued by the Senate on August 7, 2014 directing the Budget Controller and the National Treasury not to release money to Kiambu, Bomet, Kisumu and Murang’a counties.

The judges, however, said the Senate did not have the sole powers to direct the two agencies not to release funds.

“The Senate cannot summon an accounting officer of a county government to answer questions on financial management at the first instance. It must allow the oversight and legislative mechanisms in county levels to be concluded, given that these governments have distinct functions,” they said.

They also dismissed the claims that the Senate’s power was limited to oversee national agencies which manage the national revenue allocated to counties.

They declined to issue a permanent injunction barring the Senate from summoning governors.

The judges said the Senate was bound by the law to perform its functions in a manner that respected functional and institutional authority.

They upheld that the Senate was required to undertake its oversight and summoning powers.

Governors Isaac Ruto, William Kabogo and Jack Ranguma were to appear before the Senate on August 26, 2014 after the committee on county public accounts and investments issued them with summons on August 12.

The three were to answer questions on financial management as raised in the Auditor-General’s report for the 2012/2013 financial year.

It is then that the Council of Governors, Dr Alfred Mutua (Machakos), Mr Patrick Simiyu Khaemba (Trans Nzoia), Mr Ahmed Abdullahi Mohamed (Wajir), Mr Wycliffe Oparanya (Kakamega), Mr James Ongwae (Kisii) and Mr Martin Wambora (Embu) sued the Senate on august 19, 2014.

The seven did not appear before the Senate which consequently resolved that the Controller of Budget should not authorise any withdrawal of public funds headed by the said governors until the audit queries are responded to.