The Council of Governors has gone for the Senate Committees’ jugular, vowing not to honour summons, accusing Senators of an “escalating extortion, harassment, and intimidation” when they appear before the committees.
The standoff lies on two committees — the Senate County Public Accounts Committee (CPAC) and the Senate County Public Investment Committee and Special Funds – which probe matters on money appropriation and investment opportunities.
On Monday, February 9, the CPICSF issued summons to Nandi, Laikipia, Lamu, Muranga and Tharaka Nithi governors after failing to appear to respond to audit queries.
CPICSF chairperson, Senator Godfrey Osotsi, expressed his disappointment after receiving letters of non-attendance by some governors just a few minutes before the start of the meeting, while other counties have not even responded to their letters of invitation.
Meanwhile, Governors were holding a retreat from where CoG chair Ahmed Abdullahi announced that they have resolved that county bosses will not appear before the Senate committee until their concerns are addressed through a structured engagement between the Senate and the Council.
Senators have, however, rebutted the accusations, censuring governors for avoiding being held accountable.
During a committee session on Tuesday, CPAC chair Moses Kajwang’, also Homa Bay Senator, said that governors should not be entitled to avoid scrutiny on how they appropriate funds, asserting that they will scrutinise all governors to tame pilferage of government resources.
“It is not an option, it is not a favour, it is a duty we have to the public. Whether we like you or not, we shall continue fighting for more resources to go to counties,” he said.
Nairobi Senator Edwin Sifuna stated that the move by CoG to snub summons is an indication of poor leadership in counties, at the expense of poor service delivery.
“What is oversight? If we give you the money, you use the money, you have to account for it. When we hear statements from the CoG saying they will not appear here because we embarrass them, they embarrass themselves by the things they have been doing with public money,” Sifuna stated.
Senate Speaker Amason Kingi has also broken his silence on the matter, asserting that the House will not cower from executing its mandate of ensuring that there is oversight over the allocation and appropriation of public funds.
“Should the Council of Governors have concerns regarding the conduct or operations of Senate Committees, established and legitimate institutional channels exist through which such concerns may be formally raised and addressed,” he said in a statement.
He added that the Senate audit committees are guided by Article 229 of the Constitution, which requires Parliament to consider and dispose of audit reports within three months of their receipt from the Auditor-General, by March 31.
He maintained that compliance with this constitutional timeline is not optional and that any attempts to do so impede the process of ensuring there is prudent use of public resources.
Meanwhile, the CoG has maintained that governors will not appear before CPAC until their concerns are addressed through a structured engagement between the leadership of the Senate and the Council.
On February 3, CPAC raised questions over a Ksh.3.6 million expenditure by the Bungoma County Government on a Christmas tree lighting ceremony in September 2019 and flagged serious defects at the Masinde Muliro Stadium project.
During a committee session, Kajwang’ questioned how the county spent such a lump sum amount, yet the expenditure remained unaccounted for.
Busia Governor Ken Lusaka sought to distance himself from the audit query, telling the committee the expenditure related to 2019 and urging members not to attribute it to him.
“Chair, just for the record, I know media will say it is me. It is in 2019, please, Chair protect me,” Lusaka said.
Kajwang’ also questioned why the county attorney appeared to provide an interpretation different from that of the county secretary, whom he said is the custodian of official records.
CPAC members criticised what they described as widespread wastage and theft in county governments, urging investigative agencies to pursue those responsible. Kajwang’ said the matter should be referred to the Ethics and Anti-Corruption Commission (EACC) for further action.
Bomet Governor Hillary Barchok came under scrutiny on Friday, February 7, over alleged payroll irregularities that may have cost the county up to Ksh.48 million.
Based on a report from the Auditor General, Senators pressed Barchok for explanations on how 1,454 staff received payments and allowances without the Salaries and Remuneration Commission (SRC) approval, describing the payroll as chaotic and poorly supervised.
Out of the Ksh.48 million questioned, 706 staff members were paid Sh14 million in allowances that had not been approved by the SRC, while 131 employees received Ksh.2.5 million as extraneous allowance they were not entitled to.
Tharaka Nithi Governor Muthomi Njuki fled the Senate on February 4 moments before facing Senators over audit queries, in what lawmakers described as a blatant act of contempt and an attempt to evade accountability.
Governor Njuki was scheduled to appear before CPAC to answer questions on the management of public funds during the 2024/25 financial year. Instead, he walked away from the Parliamentary precincts under unclear circumstances just before the session began.
Chairperson Kajwang’ announced that the Committee would invoke its constitutional powers to compel the Governor’s appearance.
“We shall summon him. Parliament cannot be treated with such disdain,” Senator Kajwang’ said.
Njuki’s theatrics were, however, not new to the Committee, as in September 2024, he failed to read his own financial report before CPAC, claiming he could not see its details clearly since he left his pair of prescription glasses.
“Chair, I need a pair of glasses. I did not carry one,” he said. “The words are too small, I can’t read this. This is not a joke chair.”
His statements were dismissed as a stunt to avoid being grilled by the Committee.
Governors have been castigated for their conduct before Senate committees as they have been dragged for crippling audit processes and slowing the process of holding county governments accountable.
Meanwhile, Senators have been accused of soliciting bribes in meeting rooms to be lenient on accused governors.
