Senate Minority Whip Ledama Olekina /FILE

Governors evading Senate oversight now face mounting pressure after lawmakers resolved to take tougher action against non-compliance, escalating the already simmering standoff.

In a decisive move adopted on Wednesday, senators resolved to re-summon all governors who failed to appear before key watchdog committees.

They also recommended punitive measures for continued defiance.

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The resolution signals a hardening stance by the Senate, which accuses county chiefs of undermining constitutional accountability mechanisms.

The motion, sponsored by Minority whip Ledama Olekina, directs Senate committees to enforce fiduciary accountability by compelling governors to answer audit queries tied to billions of shillings allocated to counties.

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It further proposes sanctions, including budgetary restrictions and legal action, for those who fail to comply.

“The Senate resolves to enforce fiduciary accountability by re-summoning non-compliant county governors and recommending sanctions for defiance,” reads part of the motion passed by the House.

Among the proposed penalties are suspension of county equitable share, personal liability for losses incurred and disqualification from future electoral contests.

The Senate also wants oversight agencies— the Controller of Budget, Ethics and Anti-Corruption Commission and Director of Public Prosecutions—to step in and take appropriate legal action against errant governors.

Lawmakers further resolved to escalate unresolved cases to these institutions for investigation and possible prosecution, citing provisions of Chapter Six of the Constitution on leadership and integrity.

Contempt charges could also be pursued against governors who continue to snub parliamentary summons.

The resolution follows a prolonged stalemate between Senate oversight committees and the Council of Governors.

The standoff saw at least 25 county chiefs boycott appearances before the County Public Accounts Committee and the County Public Investments and Special Funds Committee.

The committees had earlier tabled a damning report highlighting widespread non-compliance.

More than 25 governors failed to appear to respond to audit queries raised by the Auditor General for the 2024-25 financial year.

The report warned that such defiance threatens the integrity of public financial management in devolved units.

Consequently, the Senate is now considering further drastic measures, including halting debate on the Division of Revenue Bill until all governors appear before the watchdog committees.

This would significantly affect the flow of funds to counties and could disrupt service delivery if implemented.

While moving the motion, Olekina criticised the governors’ boycott, terming it an “assault on accountability” and a blatant disregard for constitutional obligations.

“All of us are brought here by the citizens of Kenya, who expect us to report back to them on issues of accountability. What we have been witnessing is arrogance and a total misunderstanding of the constitution,” he said.

He added that leadership is a “sacred trust” bestowed upon elected officials, and that governors must be held responsible for how public resources are utilised.

Olekina also called for a review of the appropriations framework, arguing that existing legal timelines limit the Senate’s ability to enforce financial discipline effectively.

Senate Majority leader Aaron Cheruiyot, who seconded the motion, accused governors of orchestrating a coordinated boycott aimed at frustrating oversight efforts.

He dismissed their claims of mistreatment by Senate committees, insisting that appearances before parliamentary agencies are mandatory.

“Appearance before a parliamentary committee is not a buffet where you pick what you like and leave what you do not like. This is a mandatory exercise,” Cheruiyot said.

He further suggested that stricter enforcement, including possible jail terms for offenders, may be necessary to deter future defiance.

He said audit reports for the 2024-25 financial year exposed significant irregularities within county governments, which some governors are now reluctant to explain.

Nyamira Senator Okong’o Omogeni also backed the tough stance, stating that governors who failed to appear must face consequences to restore respect for oversight institutions.

The Senate’s renewed push comes against the backdrop of constitutional provisions that require Parliament to consider audit reports within three months of submission.

Failure by governors to participate in the process, senators argue, undermines transparency and weakens public trust in devolved governance.

However, governors have defended their boycott, accusing some Senate committees of intimidation, political witch-hunts and lack of professionalism.

Through CoG, they have argued that the oversight process must be conducted fairly and respectfully.

INSTANT ANALYSIS

Senators have escalated their standoff with governors by resolving to enforce stricter accountability measures against those who failed to appear before oversight committees. The Senate plans to re-summon the governors and impose sanctions, including suspension of funds, legal action and possible disqualification from future office. The move follows a boycott by more than 25 governors, who accuse senators of intimidation. Lawmakers insist compliance is mandatory, warning that continued defiance undermines constitutional oversight and public financial accountability in county governments.