Senate considers temporary fund freeze for unresponsive counties

Senate considers temporary fund freeze for unresponsive counties
Senate County Public Accounts Committee. Chairperson Senator Moses Kajwang during a sitting on January 27, 2026. PHOTO/SENATE
In Summary

While Governor Nassir offered no explanation, Governor Guyo requested the hearing be postponed, citing insecurity in Isiolo and claiming he had joined the County Security Committee to visit victims of recent attacks.

Parliament is considering stronger actions to ensure county governors respond to oversight demands, following repeated absences at hearings examining how public funds are spent.

The Senate County Public Accounts Committee (CPAC) says ignoring summons undermines constitutional provisions for accountability and puts public resources at risk.

Samburu Governor Lati Lelelit missed a scheduled hearing on Monday, January 26, 2026, opting instead to attend the United Democratic Alliance (UDA) National Governing Council meeting at State House, Nairobi.

The following day, Isiolo Governor Abdi Guyo and Mombasa Governor Abdulswamad Nassir were also absent as the Committee started reviewing financial records for the 2024/25 fiscal year.

While Governor Nassir offered no explanation, Governor Guyo requested the hearing be postponed, citing insecurity in Isiolo and claiming he had joined the County Security Committee to visit victims of recent attacks.

Lawmakers, however, were unimpressed. Isiolo Senator Fatuma Dullo dismissed the explanation, pointing out that governors do not take part in frontline security operations.

“His presence there, even if true, is questionable. He cannot pick up a gun to fight attackers,” Senator Dullo said.

She added that the postponement request lacked seriousness, noting the letter was authored by the County Secretary and merely copied to the governor.

“There is a total lack of seriousness on the part of the governor to appear before this Committee. His letter is a mere public relations stunt,” she said, highlighting that Isiolo County continues to struggle with poor service delivery.

The Committee is now exploring legal tools to compel accountability for billions of shillings released to counties.

One possibility is Article 225 of the Constitution, which allows Parliament to stop funds where misuse is proven. In 2025, a similar approach was blocked by the Constitutional Court, which required both Houses to pass concurrent resolutions.

Senator Moses Kajwang’ suggested invoking Article 223, which allows the National Treasury to release funds conditionally while awaiting parliamentary approval. He said the Senate could temporarily suspend payments to counties for up to 30 days while seeking the National Assembly’s concurrence.

“The purpose is to stop cash disbursement to counties that do not want to account for the funds they have received until the audit process is completed,” Senator Kajwang’ said.

He stressed that this is the most effective way to ensure governors attend Committee sessions.

Another approach under consideration is setting clear procedural rules with the Office of the Auditor-General. These rules would define the process for summoning officials and outline consequences for noncompliance.

“The rules will be self-executing,” Senator Kajwang’ said, emphasizing that they would align with the legal, technical, and political realities of county oversight.

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