Court bars Senate from summoning, issuing arrest warrants against governors

Council of Governors Chairperson Ahmed Abdullahi, flanked by Vice Chairperson Muthomi Njuki, addresses the press at CoG office in Westlands, Nairobi, on March 31, 2026. [Edward Kiplimo, Standard]

County governors can now ignore the Senate’s summons and fail to appear if warrants of arrest are issued.

This is after the High Court in Kiambu barred the Senate from either summoning, arresting, issuing warrants against the 47 county chiefs until an application filed by lawyer Charles Mugane and Ashton Ngugi is heard and determined.

“Pending the inter partes hearing and determination of the petitioners or applicants’ notice of motion application dated April 7, 2025, a conservatory order be and is hereby issued restraining the third and fourth respondents, jointly and severally, and whether by themselves directly or through their officers, employees, servants, agents, related-entities, and/or agencies operating with them under a multi-agency framework from summoning, arresting, or detaining any of the interested parties, County Officials, or their associated persons with respect to any summons, directives, warrants, orders, or communications issued by either the first or second respondents,” ruled Justice Bahati Mwamuye.

Mugane and Ngugi claimed that governors feel yoked by the burden of being behind bars despite a unanimous decision by the Council of Governors (CoG) that they would not appear before the Senate’s committees until their grievances are resolved.

 “The actions complained of have already caused widespread uncertainty and tension within county governments and if not restrained, will compromise the functioning of the devolved units, disrupt public service delivery and undermine public confidence in constitutional governance,” argued Mugane.

According to Mugane, the governor’s main beef against Senators is about alleged corruption by some of them.

He stated that despite the CoG writing to the upper house, the grievances were not resolved. Instead, he said, the Senate resorted to wielding its muscles by issuing warrants of arrest against governors who failed to appear.

“Some of the summoned Governors, however, were unable to honor the Senate summons because there exist serious issues raised by the Governors which borders on unethical conduct and or corrupt conduct by some members of the first respondent which issues are yet to be resolved, even before they can appear before the first respondent,” he claimed.

 Mugane further claimed that to make true their word, Samburu governor Lati Lelelit was arrested at the Parliament’s premises by Senators.

He argued that the drama that followed was unnecessary and a humiliation to the county chief.

The lawyer said that the incident has created a chill effect among governors who now allegedly fear being arrested after showing up to answer to different queries.

“Indeed, on April 1, 2026, the Governor of Samburu County was arrested at the Senate Buildings by officers acting under the direction or authority of the Respondents, in a manner that was forceful, abrupt and devoid of procedural fairness and which unfolded in full public glare, attracting media attention and public spectacle,” said Mugane.

According to him, the Senate’s move was a show of abuse of power and a violation of governors’ rights not to be condemned to jail for the functions of their offices.

“The exercise of coercive state power by the respondents against elected Governors, in circumstances where the Governors were engaged in constitutional duties, is clearly unconstitutional and undermines the principles of separation of powers and devolution. threatened arrests also create uncertainty and fear, undermining public confidence in the constitutional order and the independence of County Governments. Allowing such actions to proceed without judicial intervention risks eroding the rule of law,” he argued.

Justice Mwamuye directed the two to serve the Senate, and all the governors cited in the case. They will be required to respond to the case and file their submissions.

The case will be heard on April 24, 2026.