Governors have escalated the ongoing tussle with the Senate by naming four senators who they want removed from the Senate County Public Accounts Committee (CPAC) over alleged extortion.
In an official letter to Senate Speaker Amason Kingi on Wednesday, the Council of Governors officially named the four senators. We, however, withhold their names for legal reasons.
The Council maintained they will not appear before the committee until the four mentioned senators are removed.
“The Council demands the removal of the four named senators from the affected committee as a prerequisite to restoring confidence, integrity and fairness in the oversight process,” read the letter signed by 40 governors.
Council of Governors chairperson Ahmed Abdullahi and Senate Speaker Amason Kingi.
Photo credit: Nation Media Group
In the letter, CoG Chairperson Ahmed Abdullahi alleged that the four senators are notorious for extortion, political witch-hunt, intimidation and harassment of governors during appearances before the committee.
He called for a structured engagement between the Senate leadership and the Council aimed at agreeing on clear, transparent and respectful modalities for appearances by governors.
This is in addition to safeguarding governors from harassment, extortion and political persecution.
“Governors shall with immediate effect not appear before the Senate CPAC until the concerns raised herein are adequately and conclusively addressed,” added the Wajir Governor.
However, Governors Abdulswamad Nassir (Mombasa), Jonathan Bii (Uasin Gishu), Julius Malombe (Kitui), Wavinya Ndeti (Machakos), Kimani Wamatangi (Kiambu), Jeremiah Lomorukai (Turkana), Patrick Ntutu (Narok) and James Orengo (Siaya) did not sign the statement.
Some of the signatures by other governors also seemed to have been lifted from documents and pasted on the statement.
Governors Ntutu and Malombe on Tuesday appeared before the CPAC and the Senate County Public Investments and Special Funds committee, respectively, saying accountability is an individual responsibility and not a collective.
“I have come here because I have nothing to hide. The best thing to do is not what is currently happening. The Senate is a House of decorum which needs to be respected. Let us listen to each other and resolve any problem,” said Mr Ntutu.
For his part, Dr Malombe said: “Appearing before Senate committees or assembly committees when required to do so is in order. If there are any issues, we can discuss the same through a meeting of the mind.”
On Tuesday, governors explained that the resolution to boycott the Mr Kajwang’-led committee does not mean governors are running away from accountability or fiducial responsibility.
The second-term governor said they only have a problem with that one committee and some of its members. He added that Senate Standing Orders require that if certain people are mentioned, they step aside to allow for investigations.
“This is why we narrowed down our issues to one committee and certain members of the committee. We were decent enough not to mention names and that is why I have today written to the speaker seeking an audience with the leadership of the Senate and whatever evidence governors have they will table there and we are saying something is going to change in that particular committee,” he said.
Nyeri Governor Mutahi Kahiga added that the oversight role has to be exercised responsibly and governors will not be intimidated.
“We have enough evidence and no one will intimidate us. We are also elected as you are,” said the former CoG vice chairperson.
In a statement, Speaker Kingi said the Council should address their concerns through established and legitimate institutional channels.
He added that while the Senate remains open to structured and constructive engagement with devolution actors, public mudslinging and unsubstantiated allegations in the media will only sever the intergovernmental cooperation between the two parties.
The former Kilifi governor maintained that accountability cannot be substituted for any excuse whatsoever.
“I have been a governor for Kilifi County for 10 years and I have never had a problem appearing before the Senate. If what you are doing is right, you will not be afraid but if you are doing something wrong, then you will start panicking. You have to account for resources put before you,” said Mr Kingi.
The Senate in a past session.
Photo credit: File | Nation Media Group
For his part, Senate Majority Leader Aaron Cheruiyot said the public condemnation of the Senate by governors and threats of non-appearance before the Senate will not be tolerated as well as any violation of the law.
“We cannot be addressed from hotels in Kilifi by people purporting to be excellences, yet there is nothing excellent about their characters. If as a governor you know there is nothing wrong you have done, why are you accepting to be extorted,” said the Kericho senator.
Senator Kajwang said only governors doing monkey business in the county should be afraid of the Senate, challenging the CoG to provide evidence of misconduct among senators instead of mudslinging and engaging in gossip.
“If you come here with embarrassing records, we will embarrass you. If you come here with embarrassing responses, we will embarrass you. If your audit reports are an embarrassment, indicative of theft, we will not “bembeleza” you,” said Mr Kajwang’. “We will not make ourselves available for meetings over gossip and character assassination.”
Nairobi Senator Edwin Sifuna charged that CPAC is not an appendage of the CoG for them to dictate who will sit in the committee.
He said that even if the committee is reconstituted, the new senators will still hold the governors accountable.
Kitui Senator Enock Wambua added that accountability for use of public resources is individual and not institutional and governors who decide to heed the CoG call will be doing so at their own peril.
“There will be consequences for non-appearance and each governor will carry his or her own cross. Governors who don’t want to appear are running away from their mistakes after mismanaging resources in their counties. We are darlings of governors when we burn the midnight oil to ensure more money goes to them, but they draw the line when we demand accountability. We shall not be bowed.”
