Senate rejects governors’ boycott, insists oversight of counties is non-negotiable

The Senate has dismissed attempts by the Council of Governors (CoG) to suspend appearances before its audit committees, warning that any move that undermines scrutiny of county spending threatens accountability and the future of devolution.

In a strongly worded statement issued on Tuesday, Speaker Amason Kingi said the Senate had taken note “with grave concern” of allegations by governors accusing members of Senate committees of political witch-hunts, harassment, extortion and intimidation.

The CoG had also demanded the reconstitution of the Senate County Public Accounts Committee (CPAC) and resolved to halt appearances before the committee until structured talks are held with Senate leadership.

But the Senate maintained that its oversight mandate is constitutional and cannot be curtailed.

“The Senate wishes to reiterate that its oversight role over county governments is firmly anchored in the Constitution,” Kingi said, citing Article 96, which gives the House authority to oversee national revenue allocated to counties.

He stressed that the Senate “represents the counties and serves to protect the interests of the counties and their governments,” adding that scrutiny of public funds is central to that role.

The standoff escalated Monday after governors announced they would suspend appearances before CPAC and limit their attendance before the County Public Investments and Special Funds Committee (CPIC) to once per audit cycle, citing what they termed harassment by some senators.

However, the Senate warned that failure to cooperate could derail constitutionally set timelines for the review of audit reports.

“In executing this mandate, Senate audit committees are guided by Article 229 of the Constitution, which requires Parliament to consider and dispose of audit reports within three months of their receipt from the Auditor-General,” Kingi said.

“Compliance with this constitutional timeline is not optional, and any actions that impede the audit process undermine accountability and prudent use of public resources,” he added.

The Speaker also rejected what he termed public mudslinging by the governors, saying any concerns about the conduct of committees should be addressed through formal institutional channels rather than through the media.

“While the Senate remains open to structured and constructive dialogue with devolution actors, recourse to public mudslinging and unsubstantiated allegations in the media, unsupported by evidence, is neither appropriate nor conducive to intergovernmental cooperation,” Kingi said.

The Senate said it remains committed to ensuring that oversight over county finances remains “robust, objective and timely” and vowed to safeguard the integrity of the audit process.

Kingi insisted the House would remain “steadfast in upholding the principles of accountability, safeguarding the promise of devolution and discharging its constitutional responsibilities in the interest of the people of Kenya.”

Senate Majority leader Aaron Cheruiyot has also weighed on the matter saying governors’ appearance before senate is a constitutional dictate.

“It's not a previledge to be waived at will, particularly when there are serious accountability matters at stake across the country. We can discuss any matter as a going concern, NEVER as a threat to non appearance,” he said in a post.

Senate Public Accounts Committee chairman Moses Kajwang on his part dismissed the claims by COG as false and diversionary.

"In their statement, they imply they will only appear before Senate oversight committees under their terms. They want to choose who sits in the committees, when they should appear, and how they should be questioned. I have never seen a case where suspects demand to empanel the bench," Kajwang said.

"Kenyans are not foolish; they have seen the plunder in counties, and they can tell that governors are bullying the Senate to stop asking hard questions."

Kajwang further welcomed the governors to submit any evidence they may have of extortion and harassment to the relevant institutions.