Governors across the country have received temporary relief after the High Court in Kiambu barred any attempts by police to arrest or summon them over disputes arising from parliamentary oversight.
In directions issued on Wednesday, Justice Bahati Mwamuye ordered that no county boss should be apprehended, detained, or compelled by security agencies in connection with failure to appear before Senate committees, pending the hearing and determination of a case challenging the actions.
The court further restrained the Inspector General of Police and all law enforcement bodies from initiating or carrying out any enforcement measures against governors linked to decisions or proceedings of the Senate or the National Assembly.
“I certify this matter as urgent,” the judge ruled, adding that conservatory orders were necessary “to preserve the subject matter pending inter partes hearing.”
The ruling lands in the middle of an intensifying confrontation between the Senate and county chiefs. Governors have recently declined to honour committee invitations, accusing some senators of using the summons to push for personal gain, claims that have widened the rift.
On the other hand, the Senate has stood firm, insisting on its constitutional role to oversee how counties spend public funds. The push for accountability has seen threats of arrest directed at governors who fail to appear, including Nairobi Governor Johnson Sakaja.
The dispute has also spilled into budget matters, with senators warning that they could decline the Council of Governors’ proposal seeking Sh534.6 billion in equitable share, citing unresolved audit concerns and lack of accountability for earlier allocations.
Even as tensions rise, previous decisions by the High Court and the Court of Appeal affirmed that the Senate has the authority to summon governors to respond to audit queries touching on county revenue. Senators have reiterated that attending such sessions is not optional, warning that those who ignore the process are undermining the rule of law.
They have also backed Senate Speaker Amason Kingi, maintaining that the House will not hesitate to use its full mandate to ensure public resources are properly accounted for.
The case now before the Kiambu court was filed by Charles Mugane and Ashton Ngugi Gichuhi, who argue that the approach taken to enforce Senate summons is unconstitutional.
In their filings, the petitioners claim that involving security agencies to compel governors to attend committee sittings goes beyond the Senate’s mandate and infringes on fundamental rights, including personal liberty and fair administrative action.
“The threatened arrests are unlawful and amount to an abuse of power,” the petitioners state in court papers, warning that such actions could interfere with the functioning of county governments.
They further caution that if left unchecked, the standoff could escalate into a broader constitutional conflict, particularly on the limits of parliamentary oversight and the independence of devolved units.
“Allowing arrests in these circumstances undermines devolution and disrupts essential county operations,” they argue.
As part of the interim relief, the court specifically blocked the police from taking any steps against governors or county officials connected to the contested summons. Senate committees had been considering enforcement options, including arrests, to compel attendance.
Justice Mwamuye directed that the respondents be served without delay and file their replies by April 14. The petitioners will then respond by April 16, with written submissions expected between April 17 and April 20.
The matter is scheduled for hearing on April 21, with a ruling on the application set for April 24.
