Senior Counsel Ahmednassir Abdullahi and lawyers Issa Mansour and Peter Wanyama peruse documents before the High Court allowed their application to suspend the Senate’s decision to summon nine Governors to answer audit queries on county finances.
High Court Judge Mumbi Ngugi has issued temporary injunction restraining the senate from summoning nine Governors to appear before it to answer questions on County Government Finance.
The NGO International Legal Consultancy Group moved to court challenging the decision by the senate to summon nine Governors to appear before it and produce various documents pertaining to the financial management within their counties.
Court also suspended the summons dated 8 February 2014 issued by the senate against nine Governors and County Executive Committee members to appear before it.
While delivering her ruling today the Judge said that the powers of the senate are limited
“The court appreciates that the senate has an important role to play in the implementation of the constitution ,particularly so with the regard to devolved government,However,just like all other organs, it is bound by the constitution, and it cannot arrogate to itself powers, it does not been given by the constitution”
She further added that it wasn’t right for the senate to be involved in matters of county Assembly Public Finance Management. Justice Ngugi also admonished the senators for inculcating a culture of breaking court orders.
The petitioner claims that summoning the county Governors and demanding that they produce certain documents, the senate is in breach of Article 226(2) which provides
“The accounting officer of a national public entity is accountable to the National Assembly for it financial Management, and the accounting officer of a County Assembly for its Financial Management”
The Judge also noted that the senate deemed it necessary to appear before the court to deal with the contentions made by the petitioners despite being served.
The matter was referred to the Chief Justice to constitute a bench of uneven number of Judges to hear and determined the suit.