COG raises concerns over intention to arrest governors as Sakaja resurfaces

Audio By Vocalize

The Council of Governors has raised concerns over the actions by the Office of the Inspector General of Police for "unwarranted and disproportionate exercise of force" in the attempt to arrest Nairobi Governor Johnson Sakaja.

COG Chairman Ahmed Abdullahi said that  Sakaja’s failure appear before the Senate's County Public Accounts Committee (CPAC) was pursuant to a resolution made collectively as the Council of Governors over the conduct of specific Senators in the committee. 

This even as Governor Sakaja presented himself before the Senate leadership in a move that was aimed at forestalling his arrest, effectively ending hours of uncertainty following a police search for him over failure to appear before the Senate with the officers failing to get him at his office on Monday evening. 

“This matter is not a personal issue concerning one Governor but a collective decision made by the Council of Governors, following continuous extortion, unnecessary harassment and intimidation by Four members of the said committee,” said Abdullahi. 

He said that it was regrettable to single out a few Governors for coercive action in a grave matter that remains unresolved between the Committee and the Council bearing that the council has also sought audience with the leadership of the house to resolve the issues in vain. 

Abdullahi said that the decision to pursue arrest of Governors while allegations against committee members remain unaddressed defeats the intent of oversight, undermines the rule of law and that 29 Governors were summoned by the Senate’s County Public Accounts Committee on Monday. 

He said that only three appeared and declined to proceed with substantive engagement in line with the Council's position, pending resolution of key issues between the Council and Senate leadership, including the conduct of some of the committee members.

“We demand the immediate withdrawal of the alleged warrant of arrest or coercive measures against Governors pending an impartial determination of the matter, we urge the Office of the Inspector General of Police to establish the veracity of matters to avoid miscarriage of justice or to be used to perpetuate political and personal interests,” said Abdullahi. 

He said that the Council of Governors remains committed to constructive engagement aimed at resolving the impending matter, accountability, transparency, rule of law and due process as espoused in the Constitution. 

The COG Vice Chairperson Muthomi Njoka wondered how on earth the Senate Committee expected to have a meaningful engagement with 29 Governors in one-day terming as a strategy to intimidate Governors. 

Njuki said that it was clear that 43 out 47 Governors have a problem with Senate County Public Accounts Committee saying that this shows that there was a serious problem that needs to be addressed and that the senate leadership needs to act immediately. 

“How does frogmatching a Governor to the Senate contribute to oversight other than flexing muscles, we mentioned four Senators whom we have issues with and we will not allow ourselves to appear before the committee if changes are not made,” said Njuki. 

The Nairobi Governor said that his decision to come to the Senate was meant to demonstrate his willingness to engage with Senate committees, even as he called for an amicable resolution of the ongoing standoff between the Council of Governor and the Senate. 

Sakaja, however, maintained that his earlier failure to appear before the County Public Accounts Committee was in line with a directive from the Council of Governors, which raised concerns over alleged intimidation and extortion involving some members of the committee. 

“I came to the Senate to meet the leadership and members of the committee, I am a law-abiding citizen, have appeared before these committees many times six times this year alone and about ten times last year, I have even responded to audit queries dating back to 2015, including those from my predecessors,” said Sakaja.

The Governor noted that the dispute is not unique to Nairobi, revealing that 29 governors had been summoned before the same committee, with most failing to appear, while those who attended declined to prosecute substantive matters in solidarity with the CoG position. 

Sakaja said that when the Council of Governors raised issues regarding that specific committee they were guided that those concerns be resolved first arguing that accountability is important, but it must be undertaken in the right way. 

The committee had directed the Insector General to arrest and resent the Nairobi Governor and Samburu Governor Lati Lelelit over their failure to honour Senate summons to respond to audit queries over the expenditure of billions of shillings. 

Besides Sakaja and Lelelit, other governors on the Senators’ radar are Muthomi Njuki (Tharaka Nithi), Simba Arati (Kisii), Ahmed Abdullahi (Wajir), Fernandes Barasa (Kakamega), Gladys Wanga (Homa Bay), Eric Mutai (Kericho), and Joseph Ole Lenku (Kajiado). 

Others are Issa Timamy (Lamu), Abdulswamad Nassir (Mombasa), Anyang’ Nyong’o (Kisumu), Stephen Sang (Nandi), Abdi Guyo (Isiolo), Irungu Kangata (Murang’a), Susan Kihika (Nakuru), Mohamud Ali (Marsabit), Ochillo Ayacko (Migori) and Andrew Mwadime (Taita Taveta). 

Also in the list are Gideon Mung’aro (Kilifi), Anne Waiguru (Kirinyaga), Paul Otuoma (Busia), Jonathan Bii (Uasin-Gishu), Amos Nyaribo (Nyamira), Kimani Wamatangi (Kiambu), Benjamin Cheboi (Baringo) and Nadhif Jama (Garissa). 

“The committee recommends that Senate adopts the reports of the Auditor-General on the County Executive, Receiver of Revenue and County Revenue Fund of the County Executive for the Financial Year 2024/-25”,” report by CPAC tabled by Kajwang’s states. 

Initially, Governors James Orengo (Siaya), Jeremiah Lomorukai (Turkana) and Dhadho Godhana (Tana River) were in the list but appeared before the committee on time to beat the deadline.