Looming clash as senators plot arrest of 'rogue' governors
The Senate adjourns in the afternoon session following the absence of the Deputy President Rigathi Gachagua on Thursday, October 17, 2024.
Senators are set for a major clash with governors over a proposal to have “rogue” county bosses who snub Senate committee summons arrested, detained and made to appear before the committees.
The legislators are also pressing for the prosecution of such governors should they fail to appear before a watchdog committee over audit queries concerning their counties.
The development follows repeated failure by Isiolo Governor Abdi Guyo to honour more than seven invitations to appear or summons by several Senate committees and is now facing arrest by the Inspector-General (IG) of Police Douglas Kanja.
Kitui Senator Enoch Wambua said they should consider moving a motion before the House to pass a resolution requiring the IG to arrest and produce such errant governors.
He said Governor Guyo has shown contempt of the first degree, not against the committees, but the Senate at large.
“In this case, let this Senate ensure that the governor of Isiolo County is physically arrested and locked up in the cells in the Parliament Police Station and produced before a Plenary sitting of the Senate,” said Mr Wambua.
“This will serve as an example to other wayward governors, who have no respect and do not honour summons and invitations by committees of the Senate,” he added.
Migori Senator Eddy Oketch said committees should recommend, in form of a report before the House, prosecution of such county bosses as snubbing committees is nothing but the “best definition of a crime”.
“Let us ratify those reports through the process of debate and consideration in this House, and forward the recommendations to the Directorate of Public Prosecutions and recommend prosecution,” said Mr Oketch.
“I hope that the Governor of Isiolo County will be the first one to face the wrath of a House of Parliament that protects the people against such exploitation. Let us recommend the prosecution of this governor,” he added.
Kirinyaga Senator James Murango said such governors should be arrested, detained and only be produced to attend Senate committee meetings.
“The governor of Isiolo should be arrested and detained and only be released after attending all the committees he has snubbed,” said Mr Murango.
Tharaka Nithi Senator Mwenda Gataya added: “I think it is important for us, as a House, to make some very serious regulations on that matter. We need to tame these governors.”
Homa Bay Senator Moses Kajwang’ reminded governors that Senate committees’ business is not vendetta but a constitutional requirement to oversee public resources that have been assigned to county governments.
“This conversation should not be localised to one governor or one county. We are seeing this problem across several other counties in the 47 county governments, and we need a solution. We need to strengthen the consequences for contempt of Parliament without subjecting them to judicial review,” said Mr Kajwang’.
Article 125 of the Constitution provides that either House of Parliament and any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information.
To give effect to the above powers, Section 18(1) of the Parliamentary Powers and Privileges Act provides that Parliament and its committees shall have the same powers as the High Court with sub-section 3 adding that Parliament or its committee may order the arrest of a person who fails to honour summons.
“Let us use this police station which is domiciled in Parliament. The only way you can protect devolution is by making sure that you call these people to account. I want to request the Inspector-General of Police to expeditiously go and make sure that that Governor is taken to jail,” said Narok Senator Ledama Olekina.
Nyeri Senator Wahome Wamatinga said some governors see themselves as demi-gods and it is imperative that the Senate shows such rogue leaders that they are not demi-gods.
“As a House, we can only be able to execute our mandate of oversight if we put instruments in place that will ensure that we do not remain toothless,” he said.
Kericho Senator Aaron Cheruiyot said the committees snubbed by Governor Guyo should draft summons and ask the IG to produce that governor and ensure that he is in safe custody until the next sitting of that Committee.
“We have a very good police station here at Parliament. It is for dealing with errant members of society, which include governors who fail to honour summons,” said the Senate Majority Leader.
“Therefore, I want to hear that a certain Senate Committee has ordered the IG of NPS to arrest, detain, and produce governor Guyo before the next sitting of the Committee for failure to honour summons before, until he learns to respect Parliament,” he added.
