Court dismisses CoG plea to ban Senate summons

Governors have lost the bid to stop Senate from summoning them to answer accountability queries, and will now make a formal application in court when they appeal the decision made in June 24.

This was after a three-judge bench dismissed an oral submission by governors who sought a stay order that lifted the ban.

The Council of Governors (CoG) was seeking to file an appeal against the June 24 judgement that stated that Senators could summon governors over financial management in their counties.

Judges Isaac Lenaola, Mumbi Ngugi and George Odunga asked the governors to instead make a formal application for any interim orders that they may seek.

"We made our findings based on the constitution and detailed arguments supported by relevant authorities. We were required to determine whether or not to grant interim orders, which is contrary to our findings," the judges said.

Justice Lenaola who read the ruling on behalf of his colleagues directed that the governors' lawyer Wilfred Nyamu files a formal application before the court to determine if the orders they are seeking can be reinstated.

"We dismissed your orders as they were unclear," Justice Lenaola said.

The judges further found that it would be in the interest of justice if a formal application for the orders is filed to enable them to determine it's merits.

The judges added: "The oral application is limited in terms of the applicable law, the specific orders sought and the reasons thereof."

The county chiefs had argued that they are exposed to summons from the Senators, and that their case was only partly dismissed, so they sought orders suspending Justice Odunga's decision.

Nyamu stated that the court could grant conservatory orders to ensure that the matter is not overtaken by events as the Senate would not suffer prejudice.

This was, however, opposed by the Senate through their lawyer Kioko Kilukumi, who stated that governors have to be held accountable.

"You are being asked to stop Article 125 of the Constitution for the sake of the governors, yet your duty is to uphold the law. The Senate will not suffer but Kenyans will if governors are not accountable," he argued.

Mr Kilukumi told the judges that the governors ought to be summoned soon to account for public funds.

Last month, Justice Odunga declined to extend the orders barring Senators from summoning the governors and instead directed the matter to be heard by a bench.

CoG had asked for 21 days to file an appeal. It was within this period that they feared the Senate might summon Baringo, Kiambu, Murang'a and Kisumu county Governors.

Others are Governors Isaac Ruto (Baringo), William Kabogo (Kiambu), Mwangi wa Iria (Murang'a) and Jack Ranguma (Kisumu).