Governors eat humble pie, agree to appear before Senate committees

Samburu Governor Lati Lelelit in a scuffle with Senator Sifuna outside Parliament on April 1, 2026. [Boniface Okendo, Standard]

The stalemate between the Senate and the Council of Governors over non-appearance before Senate watchdog committees after months of defiance has ended. The deadlock had threatened to cripple county funding and disrupt operations across the country.

The agreement arrived at on Monday between Senate leadership and the Council of Governors clears the way for governors to begin appearing before the County Public Accounts Committee and the County Public Investments and Special Funds Committee.

The two Senate committees chaired by Homa Bay Senator Moses Kajwang and Vihiga Senator Godfrey Osotsi are mandated to scrutinise how billions of shillings in public funds allocated to Counties by the National Treasury are spent in the counties every year. 

According to a senator who attended the negotiations, this followed two high-level meetings between the two sides, with senators standing firm on their demand that governors must account for public resources. “Following the meeting between the Senate leadership and the CoG, the county chiefs will now appear before the watchdog committees after boycotting two months ago," said the Senator. 

The Senate team was led by Speaker Amason Kingi, Deputy Speaker Kathure Murungi, Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, Mandera Senator Ali Roba and Uasin Gishu Senator Jackson Mandago among others. 

The CoG delegation was led by Chairperson Ahmed Abdullahi, Tharaka Nithi Governor Muthomi Njuki, Nyeri Governor Mutahi Kahiga and Trans Nzoia Governor George Natembeya.

At the centre of the dispute was a sustained boycott by governors, who had refused to appear before CPAC, accusing Senators of harassment, intimidation and turning oversight proceedings into a political witch-hunt. 

The governors had also protested the live streaming of committee sessions and demanded a reshuffling of the panel’s membership something that the Senate leadership was against stating that the Governors could not dictate to the Senate on how it should carry out its mandate. 

In a letter to the Speaker, COG leadership had sought urgent intervention, calling for an end to what they termed as blackmail and hostility during appearances before the committee with Senators insisting that appearing before oversight committees is a constitutional obligation. 

The crisis escalated by March 31, which was the constitutional deadline for the Senate to consider audit reports, when a record 29 governors had failed to appear before the committee with the Kajwang led committee compelling them to appear within 30 to 60 days, failing which criminal investigative agencies would be launched against them.

CPAC Chairperson Moses Kajwang’ is now expected to publish a fresh schedule for the hearings with the dispute having spilt over into the broader functioning of devolved units. 

The Senate suspended consideration of the Division of Revenue Bill, 2026 and the County Allocation of Revenue Bill, 2026 with the two being critical pieces of legislation used to determine how funds are shared between the national and county governments and subsequently distributed among the 47 counties. 

The suspension raised the extent of a cash crisis in counties, as the law requires Parliament to pass the Division of Revenue Bill by April 30 with failure to meet the deadline risking delaying disbursements, potentially crippling service delivery at the county level.

Narok Senator Ledama ole Kina told the House early this month that they cannot, in good conscience, channel billions of shillings to counties when those entrusted with the funds treat the Senate with disdain and yet they are expecting to get the Senate support when needed. 

Beyond legislative action, Senators had also explored more punitive options, including directing the Controller of Budget to withhold funds from non-compliant counties and recommending the arrest of governors who failed to honour summonses. 

The Senate had also threatened to involve investigative agencies such as the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations to probe suspected misuse of funds in various counties. 

The Senate was also considering proposals that would require counties to seek Senate clearance before accessing funds from the Controller of Budget—a move that would significantly expand the Upper House’s oversight role. 

Despite mounting pressure from governors, the Senate refused to concede to key demands, including calls to reshuffle CPAC or halt live broadcasts of proceedings with Senators maintaining that any concerns raised would be addressed strictly within the framework of standing orders, which they said do not permit harassment or intimidation.

“We assured the Council of Governors that the proceedings of a governor coming to the Senate Committees to answer audit queries would be conducted in line with the rules, and there is no provision for harassment,” said the Senator. 

The Senate Majority Leader Aaron Cheruiyot said the matter is now behind them. He said they have been holding meetings with the CoG for the last two weeks. "I have been categorical that it was wrong for the Council of Governors to declare governors are going to boycott appearances before some Senate Committees, we have engaged them and they have agreed to rescind their decision," said Cheruiyot. 

Nairobi Senator Edwin Sifuna faulted the house leadership for not informing the entire house of the engagement and that it was wrong to ambush them on the floor over the agreement. "It should be remembered that the Council of Governors had gone ahead to hold a press conference where some Senators were mentioned adversely without tangible evidence, they should have used the same channel to apologise and rescind their decision," said Sifuna.