Why governors snubbing Senate summons will be arrested

 

 

The Inspector General of Police, Douglas Kanja, has said that his officers are ready to arrest Governors ignoring Senate summons and produce them before the relevant committees.

Kanja made this proclamation even as the Senate Speaker Amason Kingi met four Senators accused by the Council of Governors of alleged harassment and intimidation on Thursday.

Appearing before the Senate County Public Accounts Committee yesterday, Kanja said he is ready to move into action, provided he receives proper communication from the committee early enough.

“Let me state that there is no one who is above the law; the National Police Service will continue to operate within the law. We are ready to work together with this committee and parliament for the good of the people whenever we are called upon,” Kanja said.

The Inspector General had appeared before the Committee Chaired by Homa Bay Senator Moses Kajwang’ to explain his inaction to arrest and produce errant governors who snub the committee whenever asked to do so.

Kajwang said that the committee has written to Kanja to arrest and produce Samburu Governor Lati Lelelit for constantly evading the committee despite several summons seeking to know the progress in the matter.

READ: From 'harassment' to 'extortion' claims, inside COG's war with senators

Kanja told the committee that the police were willing and ready to arrest and produce the Samburu Governor, provided they get clear instructions and that they had indeed requested for more time, but if given a date and time, any witness who refuses to come will be available to them.

“Ordinarily, when we arrest a person, they are required to produce them in court within 24 hours but for this one, being somehow special, we need to have an agreement on when this person needs to be presented before the committee,” said Kanja.

Kajwang expressed frustration about the Governor escaping accountability despite what he termed as the outright embezzlement of public resources and that it was imperative on the security forces to ensure that such witnesses are frog marched to the committee room.

“Our request is the little foxes ruining our vineyard should be arrested these little foxes sit in the council of governors, in county governments, in public offices, and state offices,you have dealt with hardcore criminals; we appreciate you for that, therefore, catch for us the little foxes,” said Kajwang.

 Article 125 of the Constitution of Kenya grants both Houses of Parliament and their committees the power to summon any person to appear, give evidence, or provide information while Section 18(1) of this Act allows committees to summon individuals and Section 18(3) explicitly enables Parliament or its committee to order the arrest of any person who fails to honor summons.

When a witness fails to appear, the committee can direct the Inspector General of Police to arrest and produce that person. Recent updates indicate that if the IG fails to act on such an order within seven days, the arrest can be effected by an officer of Parliament. 

The meeting comes at a time when governors have threatened to snub Kajwang’s committee over alleged intimidation, harassment, and political witch-hunt and on Wednesday, the COG named four senators, belonging to the committee, whom they claim are leading in harassment.

The Council of Governors demanded a meeting with Kingi, saying that they would appear before the dreaded panel after their grievances were resolved with Kingi said to have heeded their request and met the four Senators accused for more than three hours.

Several Governors have made good their threat and boycotted the committee this week following their resolution in a retreat held in Kilifi, with Marsabit Governor Mohamud Ali skipping the committee yesterday, prompting the panel to summon him.

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The standoff began on Monday after governors announced in a meeting in Mombasa that they would suspend appearances before the Kajwang-led committee and limit attendance before the Senate County Public Investments and Special Funds Committee to once per audit cycle.

Senators have denied the allegations, insisting that accountability and appearances before committees are nonnegotiable, stating that the guilty are always afraid, wondering why they would have to bribe anyone if they were innocent and their activities were above board.

They maintained that the oversight mandate is constitutional and cannot be curtailed, with Speaker Kingi dismissing governors’ attempts to suspend appearances before audit committees, warning that any move undermining scrutiny of county spending threatens accountability and devolution.

In a statement dated February 10, the Speaker said he had taken note “with grave concern” of governors’ allegations of political witch-hunts, harassment, extortion, and intimidation but cautioned against mudslinging of Senators without any evidence.

Kingi reiterated that the Senate's oversight role over county governments is firmly anchored in the Constitution, citing Article 96 of the constitution which gives the House authority to oversee national revenue allocated to counties.