BY SAM ALFAN.
The High Court has frozen the Senate’s bid to summon governors over Auditor General’s reports on Roads Maintenance Levy Fund and World Bank funded Kenya Urban Support programme, after governors challenged the move.
Justice Hedwig Ong’udi certified the case by the Council of Governors (COG) as urgent and blocked the Senate from considering the Auditor General’s reports on the two funds for the 2018/2019 and 2019/2020 financial years.
“A conservatory order be issued restraining the senate from considering the report of Auditor General on Road Maintenance Levy Fund for the financial years 2018/2019 and 2019/2020 and the World Bank Kenya Urban Support Programme for the Financial year 2018/2019 and 2019/2020 pending hearing and determination of the petition,” the Judge said.
CoG told the court that the conduct of the senate in issuing the summons to the County Governors is unreasonable, malicious and meant to undermine the administration of justice and subvert the constitutional order on oversight.
“Principally, the senate is bound by provisions of Article 6(2) and Article 189 of the constitution which provides that the government at each level shall perform their functions and exercise their powers in a manner that respects the functional and institutional integrity of other government levels,” COG argued.
The council added that the senate’s oversight role over nationally collected revenue to counties is certainly not identical to county assembly’s oversight and this means senate cannot scrutinize county expenditures in the same way that the committee and general assemblies of the county legislatures can.
“At most, if a county assembly is considering a financial Auditor – General’s report, the senate should not be simultaneously seized of the matter in a manner that undermines or competes with the county Assembly,” the court heard.
COG through lawyer Peter Wanyama said several governors have been summoned by the Senate to consider the reports for the funds, despite concerns regarding the legality of the senate’s powers over the matter.
He said the senate has summoned governors threatening them with fines and arrests and three of them, Mandera’s Ali Roba, Hillary Barchok (Bomet) and Paul Chepkwony (Kericho) are set to appear before the senators.
According to Mr Wanyama, once a report of the Auditor General has been submitted to the county assembly, the Senate cannot concurrently handle the same matter.
“In the premises, the conduct of the respondent in issuing the summons to governors is unreasonable, malicious and meant to undermine the administration of justice and subvert the constitutional order on oversight,” he said.
Justice Ong’udi directed the case to be heard on October 28.
