At least 29 governors are now facing the threat of being declared unfit to hold public office by Parliament, in an escalating standoff between the Senate and the Council of Governors (CoG) over accountability hearings.
The development follows more than a month of paralysis in oversight activities of the Senate County Public Accounts Committee (CPAC), after governors declined to appear before it to account for the use of public funds.
On Wednesday, the committee issued fresh invitations and summons to 29 governors, directing them to appear next Monday without fail or face severe consequences.
Reading the riot act, CPAC chairperson Moses Kajwang’ said the committee would escalate action beyond fines and arrest warrants, and could recommend that non-compliant governors be declared in gross violation of the Constitution, effectively rendering them unfit to hold public office.
“There is no other way to exercise oversight other than through Senate committees,” said Mr Kajwang.
Governors in the crosshairs include Johnson Sakaja (Nairobi), Lati Lelelit (Samburu), Muthomi Njuki (Tharaka Nithi), Simba Arati (Kisii), Ahmed Abdullahi (Wajir), Fernandes Barasa (Kakamega), Gladys Wanga (Homa Bay), Erick Mutai (Kericho) and Joseph ole Lenku (Kajiado).
10 out of 29 governors that have been summoned by the Senate County Public Accounts Committee (CPAC): Top(from left): Jonathan Lati Lelelit (Samburu), Johnson Sakaja (Nairobi), Gladys Wanga (Homa Bay), Joseph ole Lenku (Kajiado) and Godhana Dhadho Gaddae (Tana River).
Bottom: (from left): Benjamin Cheboi (Baringo), Nathif Jama Adam (Garissa), Erick Mutai (Kericho) and Fernandes Barasa (Kakamega).
Photo credit: NMG
Others are from Taita Taveta, Tana River, Kilifi, Mombasa, Garissa, Nandi, Lamu, Nakuru, Turkana, Baringo, Busia, Marsabit and Siaya, among others.
“We will find the rogue governors in gross violation of the Constitution and therefore unfit to hold public office, in line with the law, if they fail to appear before this committee on Monday. We will then take the recommendations to the House for adoption. This is not an idle threat — the consequences of such adverse findings will follow them for the rest of their lives,” Mr Kajwang warned.
Under Article 125 of the Constitution, Parliament and its committees have the power to summon any person to appear and provide evidence or information.
This is reinforced by the Parliamentary Powers and Privileges Act, which grants committees powers similar to those of the High Court, including ordering arrests for failure to honour summons.
Additionally, Section 62 of the Public Audit Act allows Parliament to recommend that an official be declared unfit to hold public office for gross misconduct, while Section 66 bars individuals convicted under the Act from holding public office for up to 10 years.
Mr Kajwang said any governor found in contempt would not be allowed to appear before other Senate committees until they purge the contempt before the full House.
Homa Bay Senator Moses Kajwang'.
Photo credit: Dennis Onsongo | Nation Media Group
The committee singled out Nairobi Governor Johnson Sakaja for failing to appear on Wednesday to answer audit queries involving billions of shillings allocated to City Hall.
Nairobi Senator Edwin Sifuna cited the Auditor-General’s report for the financial year ending June 30, 2025, which flagged several concerns, including the hiring of seven advisors, above the legal limit of three, at a cost of about Sh9.7 million annually for the extra positions.
“The county has over 30 audit queries touching on procurement irregularities alone. This is criminality. All accountability must happen at the Senate, not elsewhere. We cannot go to the governor’s residence to have him account for public funds,” said Mr Sifuna.
Nyamira Senator Okong’o Omogeni called for the Inspector-General of Police, Douglas Kanja, to be directed to produce Governor Sakaja before the committee, citing contempt of Parliament.
“Since he does not want to appear voluntarily, we will ask the Inspector-General to bring him before us,” said Senator Omogeni.
Mr Kajwang added that the committee would also impose a Sh500,000 fine for failure to honour summons.
“A contempt to one committee is contempt to the entire House. You cannot treat the Senate like a buffet where you pick what to comply with and ignore the rest,” he said.
