NAIROBI, Kenya Nov 17 – Senators have reprimanded Nairobi Governor Ann Kananu after she failed to make an appearance before the Senate Devolution Committee where she was to be quizzed by members following allegations that the County made illegal payments of legal fees to external law firms.
Senate officials said Kananu, who was sworn in on Tuesday as Nairobi Governor, had confirmed attendance but failed to show up to shed light on how Nairobi County spent Sh795 million shillings in the financial year 2018/2019 as legal fees.
She took over from Mike Sonko whop was impeached in December 2020.
Audit reports show that the amount was out of the county’s allocation of Sh2.5 billion which was meant for the clearance of all pending bills.
The Committee Chairman and Homa Bay Senator Moses Kajwang led his colleagues in scolding Kananu whose written responses were rejected.
“As a Senate, we are extremely disappointed. Leading people on I do not think it has been categorized as a crime yet but it is quite immoral to lead someone on, it is like eating fare. We went to bed knowing that she is going to appear and I think that is taking the joke too far. Despite the apologies, I think it is the responsibility of every Governor to take this House seriously,” Kajwang said.
Nominated Senator Millicent Omanga had petitioned the Committee seeking an explanation from the County on the huge costs incurred as legal fees.
During the Wednesday session, nominated Senator Issac Ngugi had implored his colleagues to understand Kananu’s absense having taken oath on Tuesday but Senator Kajwang stated that “the intoxication of excitement” that perhaps she had should not serve as an excuse.
Kericho Senator Aaron Cheruiyot accused Kananu of taking the matter lightly notwithstanding the weighty issues at hand.
“We have a challenge here because the Governor has arm strung us because on one path, she has laid herself down for prosecution but she wants to contain us, it is unacceptable,” he said.
Nominated Senator Rose Nyamunga pleaded with her colleagues to invoke disciplinary action against Kananu as prescribed in the Powers and Privileges Act which stipulates the fine and arrest of an uncooperative party.
“We need to take drastic measures because I think we are running out of patience and time and it is time to act now,” she said.
According to a report by the Inter-Governmental Relations Technical Committee (IGRTC), some Governors in the country are paying as much as 1 billion shillings for legal fees prompting the Senate inquiry.
The study also found that the costs of litigation are high and a major constraint to development, particularly in the county governments.
The costs include both direct financial expenditure and opportunity costs due to delayed, frustrated or abandoned projects as a result of court cases.
The report established that some Governors even engage external lawyers for their own personal matters before invoicing the counties.