Justice Mumbi Ngugi ruled that the application by the International Legal Consultancy Group raised valid concerns and has referred the matter to the Chief Justice, to appoint a bench to hear the matter.
The group argues that officers in counties are accountable to the County Assembly for financial management and the Senate would be usurping that power by purporting to summon Governors.
The lobby group wants the Senate Standing Committee on Economic and Finance barred from summoning Governors from Bungoma, Bomet, Kiambu, Kitui, Kisumu, Nakuru, Narok, Tana River and Wajir Counties over financial management.
The lobby’s lawyer Peter Wanyama argues that the summonses contravene Article 226(2) of the Constitution which provides that an accounting officer of a national public entity is accountable to the National Assembly for its financial management.
Governors Isaac Ruto, Ken Lusaka, William Kabogo, Julius Malombe, Jack Ranguma, Kinuthia Mbugua, Samuel Tunai, Hussein Dado and Ahmed Abdullahi received the summons.