High Court to rule on Senate summons of 9 Governors
17 February 2014, 19:02
Nairobi - The
High Court has certified as urgent nine Governors’ case seeking a stop to
Senate summons over counties financial management.
Justice Mumbi Ngugi said although the matter needs to be heard expeditiously
the Senate needs to given time to at least to respond to the suit before
granting an order to stop the summons set to be held on Wednesday.
agree the urgency of this matter however we have to hear what the Senate has to
say first, I certify the matter urgent,” Judge Ngugi said.
judge directed that the case be heard today and that Senate to respond by the
time of hearing.
nine include Bungoma’s Kenneth Lusaka, Bomet’s Isaac Ruto, Kiambu’s William
Kabogo, Kitui’s Julius Malombe, Kisumu’s Jack Ranguma, Nakuru’s Kinuthia
Mbugua, Narok’s Samuel Tanui, Tana River’s Hussein Dado and Wajir’s Ahmed
Abdullahi in the petition filed by a lobby group called the International
Legal Consultancy Group against the Senate and its clerk.
Council of Governors lawyer Peter Wanyama pleaded with the judge saying that if
the court did not grant the order as requested the Council of Governor’s case
would be overtaken by events.
Council of Governors also wants the County Executive Committee members also
expected to be questioned by the Senate on county government finances be
Wanyama also said the summons are unconstitutional as accounting officers
of a national public entity and the County public entity should be accountable
to the National Assembly and the County Assembly respectively.
senate represents the counties to protect interests of the counties and their
governments, the senate can only exercise its powers to summon persons strictly
when in line with the constitution,” said Mr Wanyama.
embattled governors claim that the Senate should strive to maintain a careful
balance between intruding in county governance and performing it national scale
oversight role in county finances.
governors argue that the senate has no oversight roles on national revenue
collected to counties.
however agree that the Senate has powers to scrutinize financial records for
purposes of deciding on impeachment, intervention, suspension, and developing a
national legislation necessary for more prudent management of finances at the
The summons totally contravenes Article 226(2) which states that accounting
officers of the national public entity are accountable to the National Assembly
for its financial management and the accounting officers of a County public
entity should be accountable to the County Assembly,” said Mr Wanyama.
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