Respect the Law: Five Kenyans take Senate to Court over illegal summons of County Executives over finances

Five Kenyans Charles Ongaro Kiage, Richard Oseko Ogeto, CPA Benson Orina Bosire, William Andrew Kinanga Obaga and Jared Momany have petitioned the High Court in Nairobi to stop the Senate from contravening the County Governments Act and Public Finance Act 2012 and others.

“Your Ladyship, at the heart of the dispute in this Judicial Review are two cornerstones of governance in Kenya – the rule of law and devolved governance. The rule of law prescribes that state organs can only exercise powers granted to them by the law, and such law as grants powers to state organs must be in conformity with the Constitution. The Applicants challenge the Constitutionality of the 1st Respondent to summon County Executives. They allege that the provisions of the constitution do not grant the Senate mandate to summon the County Executives and their continued actions amounts usurpation of powers granted to County Assemblies.”

In the submissions, ” The Applicants allege that the impugned actions of the 1st Respondent are in conflict with the system of devolved government and will have the effect of giving the 1st Respondent an unconstitutional say in County affairs”.

It is a matter of public interest.

“We have taken the Senate and others to court for infringing on the constitution purporting to have the powers to conduct financial oversight of the Counties instead of the County Assemblies per attached documents”

Here are the documents

Affidavit