Court suspends Senate order for Wa Iria's arrest over ignored summonses
Muranga Governor Mwangi Wa Iria follows proceedings during a Senate committee sitting on July 30, 2019.
What you need to know:
- A Senate committee this week wrote to IG Hilary Mutyambai demanding the arrest of the county boss for ignoring its summonses since August 11 on audit queries.
- On Friday, Murang'a High Court Judge L.M. Njuguna suspended the decision of the Senate, listed as the second respondent in the matter filed by two petitioners - Governor wa Iria and Murang'a County.
- On Thursday, the Council of Governors said its members will only appear before the Senate virtually until the Covid-19 pandemic is over.
Murang'a Governor Mwangi wa Iria has obtained court orders barring the Inspector-General of Police from arresting him as directed by the Senate.
A Senate committee this week wrote to IG Hilary Mutyambai demanding the arrest of the county boss for ignoring its summonses since August 11 on audit queries.
The County Public Accounts and Investments Committee invoked its powers under the Constitution and the Parliamentary Powers and Privileges Act to direct the police boss, named as an interested party in the application, to arrest the governor and present him before the committee.
“The committee requests that you proceed to cause the arrest and production of Mr Wa Iria before the committee on September 10,” the committee says in the letter dated September 2 and signed by Clerk Jeremiah Nyegenye.
Court order
But in orders issued on Friday, Murang'a High Court Judge L.M. Njuguna suspended the decision of the Senate, listed as the second respondent in the matter filed by two petitioners - Governor wa Iria and Murang'a County.
Senate Speaker Kenneth Lusaka is listed as the first respondent in the matter.
"It is hereby ordered that pending inter parte hearings and determination of this application, a conservatory order is hereby issued staying and/or suspending the decision of the second respondent contained in the letter by the clerk of the Senate directed at the interested party to arrest the first petitioner.
The orders will remain until September 9, when Justice Abigael Mshila will issue further directions.
Governors’ reaction
On Thursday, the Council of Governors said its members will only appear before the Senate virtually until the Covid-19 pandemic is over.
The governor’s lobby was responding to reports that the committee had written to Mr Mutyambai demanding the arrest of Governor Wa Iria
“We hereby categorically state that governors will not bow down to the extortionist nature of this committee and will only appear virtually until the pandemic is over and funds have been disbursed to county governments,” said CoG chair Wycliffe Oparanya (Kakamega).
