Governors now take their battle with senators to justice corridors

The Council of Governors (CoG) has moved to court to bar the Senate from scrutinising Kiambu County leadership over levies hike.

The move by governors to block the Senate committee on Finance from probing claims of high taxation has irked the senators, who accused the former of trying to interfere with their legislative agenda.

Governors, under their umbrella body, argue that the Senate has been overstepping its oversight mandate by ignoring the ongoing cases involving the county’s Finance Act.

The council, through its lawyer Peter Wanyama, filed a case before Justice Mumbi Ngugi seeking to restrain Senate from meddling with the affairs of the county.

Justice Ngugi, however, declined to issue temporary orders but instead transferred the case to be heard before Justice Isaac Lenaola, who has been handling the county’s Finance Act cases.

“The Senate’s oversight role is restricted to revenue raised nationally for counties,” argued Wanyama.

The court also heard that Senate cannot scrutinise the process and legality of a county legislation.

“To the extent that the Senate is purporting to investigate the Kiambu County Finance Act 2015 for purposes of ascertaining its legality, the provisions of article 6 (2), 96(1) and 189 the constitution have been violated,” Wanyama argued.

Kiambu County residents through their Senator Kimani Wamatangi had sought intervention of the Senate to address the standoff over the taxes that has seen small businesses close shop and investors pull out of the county.

The residents accused Governor William Kabogo of failing to consult them in drafting legislations in the county, which has increased taxes for licences and rates.

Governor Kabogo has since denied imposing high taxes on the residents.