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    "id": 436533,
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    "content": "courts have agreed that the competent judge is this Senate sitting now, in trial, to preside over the matter of Governor Wambora. Indeed, the Governor told us, through his lawyer; “it was not me.” He said that he was not the one who was procuring or doing this or that. I want to go to another celebrated judgment of the court in the International Legal Consultants Group versus the Senate and the Clerk of Senate. Again, the Senate was not represented here. You will recall the matter of summoning the Governors. The courts said, in paragraph 57; “we, therefore, reject the argument by the petitioner that the Senate’s power----“. The petitioner was represented by one lawyer called Ahmed Nassir. The courts rejected and said: “We, therefore, reject the argument by the petitioner that the Senate’s power is limited to oversight over national agencies, management of national revenues allocated to the counties by the National Treasury.” The courts further said: “To our minds, this would be against the spirit and the letter of Article 96(3) of the Constitution which vests a wide power on the Senate to oversee both the provisions and the expenditure of national revenue allocated to counties. In the foregoing, it is our determination that since the Senate was properly seized of the matters with regard to the issues raised by the Controller of Budget in the County Implementation Report, it had the power to summon any person.” In paragraph 58, the courts went further to say: “Nevertheless, the Constitution provides for oversight of county public finance of two levels. One, by the county assemblies at the county level and by the Senate at the national level. That is the Constitution and unless amended, this court can only interpret it as it is. Moreover, the Constitution does not prohibit the Senate from summoning Accounting Officers or County Executive Members in performing oversight functions.” So, in exercise of its powers under Article 125 of the Constitution, the Senate is empowered to summon any person, including Accounting Officers. Article 59 says that the same county governments shall be accountable for the management and use of county resources. By implication, this provision means that the county Governor as the overall head of the county is accountable for utilization of county resources, including national revenue allocated to his respective county. Section 30(3) is about the Chief Executive Officer. The courts said that the Governors must be held accountable by the Senate for the national revenue allocated to their respective counties in view of the provisions of Section 30(3) of the County Governments Act of 2012 as read together with Article 10(2)(c) of the National Values and Principles of Governance. It says: “The Governors, being state officers are bound by national values and principles of transparency, accountability and observance of good The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}