NAIROBI, Kenya Feb 9 – Senate Public Accounts Committee (CPAC) chairperson Moses Kajwang has issued a rebuttal to the Council of Governors’ (CoG) recent threats to stop appearing before parliamentary oversight committees, warning that county leaders cannot dictate the terms of their own accountability.
In a statement released Monday, Senate Public Accounts Committee (CPAC) chairperson Moses Kajwang, who is also Homa Bay Senator, condemned the CoG’s resolution made in Kilifi, describing it as an attempt by governors to evade scrutiny over allegations of mismanagement of public funds.
“I have noted with grave concern a resolution made this afternoon by the Council of Governors in Kilifi. In their statement, they imply they will only appear before Senate oversight committees under their terms,”
“They want to choose who sits in the committees, when they should appear and how they should be questioned. I have never seen a case where suspects demand to empanel the bench!” Kajwang said.
The Senate chair highlighted that governors’ objections appeared to target a handful of CPAC members, who have in recent weeks been scrutinising county expenditures and uncovering alleged irregularities. Kajwang dismissed the governors’ claims of harassment, intimidation, and extortion as unsubstantiated.
“Kenyans are not foolish; they have seen the plunder in counties and they can tell that governors are bullying the Senate to stop asking hard questions,” he said.
The Homabay Governor pointed to recent Auditor General reports and media investigations that have exposed mismanagement of public resources in several counties.
Kajwang emphasized that the Senate derives its powers from the Constitution, specifically Articles 229 and 125, which empower it to review Auditor General reports and summon any individual to give evidence. He framed the oversight role as a constitutional duty, not a favor to the Senate.
“Accountability is not a favor to the Senate; it is a duty to the public. We call on the governors to stop the side shows and live up to their constitutional obligations,” Kajwang said.
The CPAC chair further invited the governors to formally submit any evidence of alleged harassment or intimidation by senators to the appropriate institutions. However, he made it clear that the Senate will continue exercising its mandate to safeguard public resources.
“In the meantime, we at the Senate will continue to do what we have been elected to do. We will inject without mercy where we find public resources have been pilfered,” Kajwang said.
Unanimous Decision
County bosses have unanimously threatened to stop appearing before the Senate Public Accounts Committee, accusing four unnamed senators of intimidation, harassment, political witch-hunts, and extortion during committee hearings.
During a press briefing in Kilifi, the Council of Governors (CoG) chairperson Ahmed Abdullahi, said governors had resolved not to appear before the committee chaired by Moses Kajwang (Homabay) until their concerns are addressed through structured engagement between the leadership of the Senate and the Council of Governors.
“The Council of Governors notes with great concern the continuous and escalating extortion, political witch-hunt, harassment, intimidation and humiliation of governors by certain senators when they appear before the Public Accounts Committee of the Senate,” Abdullahi said.
He accused some senators of turning oversight hearings into hostile political theatres, alleging that governors are deliberately kept waiting for hours, subjected to intimidation and pressured through political manoeuvres designed to serve personal or partisan interests rather than accountability.
Tharaka Nithi Governor Muthomi Njuki clarified the standoff is not with the Senate as an institution but with what he described as the conduct of four senators sitting in the Senate Public Accounts Committee.
“We have no issue with the Senate or its committees. Our problem is with four senators in CPAC. They know themselves. These four are involved in extortion, harassment and intimidation of governors,” he said.
The CoG chairperson further announced that governors would also scale back their appearances before the Senate County Public Investment Committee (CPIC), citing what he termed as excessive and repetitive summons on individual projects.
“Governors are required to appear several times to discuss one hospital, then another hospital, one investment, then another investment. This is not sustainable,” he said.
“We have therefore resolved that governors will appear only once before the County Public Investment Committee for every audit cycle.”
Abdullahi raised alarm over what he described as serious procedural and ethical concerns during committee sittings, including the use of bloggers instead of official parliamentary communication channels to cover proceedings.
“How do you allow bloggers to cover Senate committee proceedings instead of the official Senate communication team? The Senate is an august House” he posed.
He also alleged that auditors appearing before the committees are sometimes intimidated to incriminate specific governors, even when such claims are not supported by audit reports.
“At times, auditors are so intimidated that they end up saying things that are contrary to what is contained in the Auditor-General’s report. We cannot continue like this.,” Abdullahi said.
The CoG chairperson warned that unless the issues are resolved, governors are prepared to seek judicial interpretation on the scope of Senate oversight and the constitutional responsibilities of county chiefs.
“If we must go back to court to interpret what oversight is, what those appearances should entail and what the political responsibility of governors is, we are ready to go back to court,” he said.
Abdullahi insisted that governors remain committed to accountability and have no intention of undermining the Senate’s constitutional role.
“This is not about avoiding oversight. It is about ensuring that oversight is conducted in a professional, respectful and constitutional manner,” he said.
The County Public Accounts Committee (CPAC), is currently reviewing Auditor-General Nancy Gathungu’s reports on county executives’ and assemblies’ financial statements for the year ending June 30, 2025.
The committee will also examine county revenue officers’ statements and reports on the County Revenue Fund in all 47 counties. Hearings were scheduled from January 26 to March 16, 2026, with the courts directing the Senate to conclude deliberations by March 31.
This new approach comes after governors previously delayed hearings despite court rulings, prompting the Senate to introduce a full sittings schedule.
The measure follows a High Court ruling in October 2024 by Judge Jairus Ngaah, which prohibited Parliament and county assemblies from considering audit reports more than three months after tabling.
