How the Senate has cornered governors in accountability fight

Senators have seemingly cornered governors in their vicious war over accountability for the billions of shillings sent to county governments.

The development came after Inspector General of Police Douglas Kanja bowed to Senate pressure and moved to enforce arrest warrants against governors who have failed to appear before the Senate County Public Accounts Committee (CPAC).

On Monday, police officers, led by the Nairobi regional commander, were dispatched to arrest Nairobi Governor Johnson Sakaja, who had skipped a scheduled appearance before the powerful oversight committee.

At the same time, Samburu Governor Lati Lelelit was also being pursued for failing to respond to audit queries relating to the 2024-25 financial year.

The unprecedented move triggered an uproar among governors, who accused the Senate of weaponising oversight and using coercion to settle political scores.

Council of Governors (CoG) chairman Ahmed Abdullahi criticised the police's involvement in what he termed a disproportionate show of force.

“The Council of Governors notes with utmost concern the actions by the Office of the Inspector General of Police in what appears to be an unwarranted and disproportionate exercise of force,” he said.

Abdullahi insisted the dispute was not about individual governors but a collective position taken by the council, adding that isolating a few county bosses for arrest undermined ongoing efforts to resolve the impasse.

“It is regrettable to single out a few governors for coercive action in a grave matter that remains unresolved between the committee and the council,” he added.

The decision to involve the police now appears to have significantly shifted the balance of power in favour of the Senate.

Beyond the immediate humiliation associated with arrests, the move risks denting the public image of governors by reinforcing perceptions of corruption and lack of transparency.

Political analysts say the arrests place governors in a difficult position, leaving them with little choice but to comply with Senate summons or face legal consequences.

The standoff between senators and governors has simmered for over a month, with county chiefs boycotting CPAC sessions.

The governors accuse the committee of intimidation, blackmail and conducting what they describe as political witch hunts, claims that senators have repeatedly dismissed.

Efforts to broker a truce through engagements with Senate leadership have failed to yield a breakthrough, deepening mistrust between the two levels of government.

“The decision to pursue arrest of governors while allegations against committee members remain unaddressed defeats the intent of oversight, deepens mistrust and undermines the rule of law,” the CoG said, demanding the immediate withdrawal of arrest warrants and suspension of coercive measures.

However, senators have remained defiant, insisting that governors must submit to parliamentary oversight as required by law. They accuse the county chiefs of deliberately evading scrutiny over the use of public funds.

Over the past weeks, the Senate has steadily escalated pressure on governors, including threats to freeze county funds, proposals to require Senate clearance before counties access money from the Controller of Budget, and referrals of suspected financial impropriety cases to investigative agencies such as the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations.

More than 140 cases linked to counties are reportedly under investigation, underscoring the scale of accountability concerns within devolved units.

On Tuesday, CPAC signalled that more drastic measures could follow, warning that up to 26 additional governors could face arrest warrants for failing to honour summons.

“At this rate, we will issue one warrant of arrest per week until all governors account for the resources sent to them,” CPAC chairman Moses Kajwang’ said.

Nandi Senator Samson Cherargei, a member of the committee, urged the police to prepare for a sustained enforcement operation.

“We are likely to issue more warrants of arrest to the tune of 26. We appeal to the Inspector General of Police to prepare adequate manpower,” he said.

Cherargei went further to describe non-compliant governors as “fugitives of justice” and proposed travel restrictions to prevent them from leaving the country before clearing with the Senate.

“The two governors must be produced before the committee. We shall first deal with contempt proceedings before moving to substantive audit issues,” he said.

Governor Sakaja, who narrowly evaded arrest, sought to defend himself after holding a closed-door meeting with Senate leadership that lasted more than two hours.

Speaking to the media afterwards, Sakaja denied attempting to dodge accountability, noting he had appeared before Senate committees multiple times.

“I have appeared before these committees many times—six times this year alone and about 10 times last year. I have even responded to audit queries dating back to 2015, including those from my predecessors,” he said.

The governor explained that his failure to attend the latest CPAC session was in line with a directive from the Council of Governors, which had raised concerns about the conduct of the committee.

“When the CoG raised issues regarding that specific committee, we were guided that those concerns be resolved first. Accountability is important, but it must be undertaken in the right way,” Sakaja said.

He said he had reached out to both Senate and CoG leadership in a bid to de-escalate tensions and find a lasting solution.

“We need to resolve these issues so that we can be held accountable as required by the Senate,” Sakaja said.

A host of governors now find themselves on the Senate’s radar, including Muthomi Njuki (Tharaka Nithi), Simba Arati (Kisii), Ahmed Abdullahi (Wajir), Fernandes Barasa (Kakamega), Gladys Wanga (Homa Bay), Eric Mutai (Kericho) and Joseph Lenku (Kajiado).

Others are Issa Timamy (Lamu), Abdulswamad Nassir (Mombasa), Anyang’ Nyong’o (Kisumu), Stephen Sang (Nandi), Abdi Guyo (Isiolo), Irungu Kang’ata (Murang’a), Susan Kihika (Nakuru), Mohamud Ali (Marsabit), Ochillo Ayacko (Migori) and Andrew Mwadime (Taita Taveta).

Also listed are Gideon Mung’aro (Kilifi), Anne Waiguru (Kirinyaga), Paul Otuoma (Busia), Jonathan Bii (Uasin Gishu), Amos Nyaribo (Nyamira), Kimani Wamatangi (Kiambu), Benjamin Cheboi (Baringo) and Nadhif Jama (Garissa).

The Senate is anchoring its actions on Article 125 of the Constitution, which grants Parliament powers to summon any person to appear before it and enforce attendance.

Audit reports tabled before CPAC paint a troubling picture of financial mismanagement in several counties.

In Nairobi, auditors flagged unaccounted-for bursaries and scholarships amounting to Sh270.43 million, as well as Sh125.52 million spent on garbage collection without adequate documentation.

In Mombasa, concerns were raised over stalled projects worth more than Sh400 million, irregular use of direct procurement methods and unsupported legal fees totalling Sh158.16 million.

INSTANT ANALYSIS

The unfolding confrontation underscores the growing tension between oversight and autonomy in Kenya’s devolved system of governance.While the Senate insists it is merely executing its constitutional mandate to safeguard public resources, governors argue that the process must be fair, impartial and free from political interference. As both sides dig in, the standoff risks paralysing critical county operations and eroding public confidence in devolved governance.