Court to rule on governors' summon Wednesday
18 February 2014, 17:09
Nairobi - The
fate of nine Governors summoned to appear before the Senate lies with the court
on the same day they are required to make their appearances.
Justice Mumbi Ngugi said she will give a ruling Wednesday morning on whether to
grant an order to stop Kenneth Lusaka (Bungoma), Isaac Ruto (Bomet), William
Kabogo (Kiambu), Julius Malombe (Kitui), Jack Ranguma (Kisumu), Kinuthia Mbugua
(Nakuru), Samuel Tanui (Narok), Hussein Dado (Tana River) and Ahmed Abdullahi
(Wajir) from appearing before the Senate to answer questions on financial
management in counties.
judge made the decision after a hearing that had proceeded without the Senate
filing any response to the suit despite a direction that they be served with
copies of the suit papers and respond by yesterday for the hearing.
International Legal Consultancy Group, a lobby, sued the Senate and its clerk
on Monday seeking orders to stop the nine and County Executive Committee
members from attending the summons set to be held today at County Hall.
lobby’s lawyers Ahmednassir Abdullahi, Issa Mansur and Peter Wanyama yesterday
remained adamant that Governors need an interpretation on superficial powers of
the Senate as the Senate has no business with the County Governments.
Ahmednassir said the orders sought touch on serving powers of County
governments, the excessive powers of the Senate and the clear breach of the
are seeking orders that raise fundamental issues not just on governance but
equally on whether we are governed by the rule of law or blending with the wind
of purported powers,” Mr Ahmednassir said.
also said that although the Senate can only summon a governor on the basis of
consultation and corporation it would create an impression that devolution is
nonexistent hence the need for a specific power to mediate on the two levels
Senate is seizing County Assemblies off their powers; they can’t summon everybody
even though the provision is any person, the National Assembly and the County
Assembly are distinct,” Mr Ahmednassir added.
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