- The three senators were arrested at their Nairobi homes.
- Senators accused the state of clamping down on democracy.
President Uhuru Kenyatta’s administration has come under fire for allegedly plotting the arrest of three senators to scuttle a humiliating defeat on the controversial counties revenue sharing formula.
The arrests triggered a political storm in the Senate that saw angry lawmakers rail at the state for trying to circumvent the will of the people exercising their mandate through their elected representatives.
Emotions ran high during the debate with senators pointing an accusing finger at state functionaries for unleashing terror on their colleagues holding divergent views.
In a night of long knives, contingents of DCI detectives arrested Cleopas Malala (Kakamega), Christopher Lang'at (Bomet) and Steve Lelegwe (Samburu).
Senators immediately linked the trio's arrest to the debate on the contentious formula for revenue sharing among the counties, which is deadlocked in the Senate.
The three senators are aligned to a group christened Team Kenya which brings together marginalised and less populated counties and those standing in solidarity with them.
Police had camped at the senators' Nairobi homes throughout Sunday night trying to take them in, but it was not until midday on Monday when they managed to arrest them in a day of heightened political showdown.
“We have an opportunity to pass a message to the government that if they want us to support them the best way is to lobby us and not to arrest us so that we don't come to vote,” said Nyamira Senator Okong'o Omogeni.
Debate on the formula was successfully adjourned during the morning sitting after lawmakers backed an adjournment motion by Kericho Senator Aaron Cheruiyot.
Speaker Kenneth Lusaka then ruled that the Senate Security Committee chaired by Garissa's Yusuf Haji summon Interior CS Fred Matiang'i and Inspector General of Police Hillary Mutyambai to explain why the arrests were made.
However, Haji reported to the House during the afternoon sitting that they were informed Cabinet Secretaries are on recess and would not be available.
While senators wanted the Speaker to make a determination if it was proper for Matiang'i to defy the invite, the House proceeded without the ruling in the afternoon.
During that session, Omogeni told the House that he had spoken to Senator Lelegwe who was on transit to Samburu and that he had been subjected to some torture by the police.
“Our colleague has been subjected to very terrible circumstances while being driven to Samburu. We don't know what will be the status of his health tomorrow because the officers who were with him were not even wearing masks,” charged Omogeni.
There was no official police communication on the charges the three senators faced, but their colleagues alleged that they were flimsy and meant to intimidate them.
But Lang'at was later released at around 6pm with his lawyer Nelson Havi saying he had been questioned over an oath he allegedly administered on 200 youths to attack another community in the future.
“It is such a shame that this regime is taking us back to the years where we fought so hard to come from. This cannot happen in this era and age,” said Vihiga Senator George Khaniri.
He went on, “No amount of intimidation will make us change our minds. We will fight to the bitter end.”
However, an adjournment motion moved by Tharaka Nithi Senator Kithure Kindiki to suspend the afternoon sitting was defeated after the votes tied at 29 amid protests from Team Kenya.
“We had initially said that the arrest of the senators was meant to tilt the vote, it has come to pass,” said Elgeyo Marakwet Senator Kipchumba Murkomen.
Murkomen asked the Speaker to determine who would vote on behalf of the arrested colleagues. He said Lang'at and Malala had written letters withdrawing voting by proxy.
Malala is accused of breaching the Covid-19 health protocols while distributing sanitiser in his county. Lang'at and Lelegwe are facing incitement charges.
But senators questioned the motive of arresting the lawmakers on a day they were expected to exercise their constitutional mandate to take a vote on the sharing of the national cake among the counties.
Nairobi Senator Johnson Sakaja lifted the lid, saying it was obvious that the senators were arrested to block them from participating in the House.
“There is no coincidence that three senators were arrested on the same day they were to come for a crucial vote. The three senators must be brought before this House before debate on the third formula proceeds,” Sakaja said.
There were nasty scenes at Malala's Kitengela home when over 20 senators overpowered detectives and managed to rescue the vocal lawmaker albeit temporary.
ODM treasurer Timothy Bosire warned that the country was heading in the wrong direction through such arrests.
"It is against the principles of democracy to arrest people against their conscience. We are losing our image as a democratic society," Bosire said.
After locking himself in the house the whole night fearing arrest, Malala's car was later cornered by a contingent of DCI detectives who outwitted the senators escorting him.
He was later bundled into the DCI vehicle and driven in high speed to Kakamega for questioning.
Lang'at was moved to Bomet CID offices for interrogation over an offence he allegedly committed there after his lawyer Havi joined him.
Lelegwe was transported to Samburu for grilling over some incitement allegations.
However, senators alleged the state's hand in trying to lock out senators from the Senate sitting on the controversial revenue formula to tilt the vote.
“It is sad that the police had locked the gate to Malala's home using handcuffs so that we would not be able to access the home,” charged Makueni Senator Mutula Kilonzo Jr.
“They even emptied fuel from his car and took away the battery so that he could not move,” Kilonzo added.
The House voted 31-29 to extend sittings of the afternoon session after time lapsed.
Debate on nominated Senator Petronilla Were's amendments was ongoing.
She is seeking the approval of the House to have the second generation formula retained to share out the Sh316.5 billion for the counties in this financial year.
Edited by Henry Makori