Senate takes issue with court on summons

Four governors must appear before the Senate to answer questions relating to a report by the Auditor General, the Senate has said.

The Senate said this in response to the petition filed by governors seeking the High Court's protection against summons issued by parliamentary committees.

Through their lawyers Anthony Njoroge, Sophia Ochieng and Sherriffsam Mwendwa, the Senate told the court it did not have the powers to stop the summons.
"This court cannot restrain the Senate or MPs from discussing, deliberating and debating on any matter presented to Parliament in accordance with the Constitution. The petition is incompetent and should be struck out," the Senate said.

Before High Court Judge Isaac Lenaola, Njoroge argued that the Senate had unlimited powers to summon any person to appear before its committee to give evidence or provide information.

He said under the doctrine of separation of powers, the county bosses cannot challenge resolutions made by the Senate in exercise of its oversight authority.

Lenaola sent the file to the Chief Justice so that he constitutes a Bench that will hear the petition next Monday.