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Court to rule on governors' summon Wednesday

18 February 2014, 17:09 Millicent Kawii

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.

Lady 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.

The 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.

The 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.

The 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.

Mr Ahmednassir said the orders sought touch on serving powers of County governments, the excessive powers of the Senate and the clear breach of the law.

“We 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.

He 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 governments.

“The 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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