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{
    "id": 669352,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/669352/?format=api",
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    "content": "“Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information. (2) For the purposes of Clause (1), a House of Parliament and any of its committees has the same power as a High Court- (a) To enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; (b) to compel the production of documents; and (c) to issue a commission or request to examine witnesses abroad.” In addition, Section 14 of the National Assembly (Powers and Privileges) Act further provides as follows:- “(1) The Assembly or any standing committee thereof may, subject to the provisions of Sections 18 and 20, order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of that person. (2) The powers conferred by subsection (1) on a standing committee may be exercised by any other committee which is specially authorised by resolution of the Assembly to exercise those powers in respect of any matter or question specified in the resolution.” Appearance before the Senate and its Committees, is, therefore, not optional and cannot be pegged to the fulfillment of any pre-conditions set by the CoGs as it seems to be suggested by the Chair of the Council of Governors. Appearance before the Senate and its Committees is a constitutional and a non-negotiable obligation. In reference to Article 179(4), Governors get invited by virtue of position. Article 179(1) states;- “The executive authority at the county is vested in, and exercised by, a county executive committee. (2) The County executive committee consists of (a) the county governor and the deputy county governor. So, the letter itself has a contradiction that you may wish to allow the executive and not the Governor and the provisions of that constitution are expressively clear. Article 179(4) is even more compelling to me. It states:- “The county governor and the deputy county governor are the chief executive and the deputy chief executive of the county, respectively”. Therefore, they cannot decide to be the chief executive of the county when it is convenient to them. Hon. Senators, as I have previously stated in this House, the Courts have settled the question of the appearance by governors before the Senate and its Committees, in the matter of the International Legal Consultancy Group versus the Senate and the Clerk of the Senate, High Court of Kenya at Kerugoya, Constitutional Petition No.8 of 2014 in which I mastered the Senate was not even represented. The petitioner filed a petition challenging the decision of the Senate to summon nine Governors and County Executive Committee Members responsible for finance to appear before the Senate and produce 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"
}