April 9, 2026

High Court stops Senate from summoning governors

High Court stops Senate from summoning governors

High Court stops Senate from summoning governors

Governors can breathe a sigh of relief after the High Court in Kiambu issued conservatory orders restraining the Senate, police, and the National Assembly from summoning, arresting, or detaining them over disputed directives.

The court allowed Governors to ignore the Senate’s summons or any arrest warrants issued. In the case, the Senate, the National Assembly, the Inspector General, the National Police and the Attorney General are the 1st, 2nd, 3rd, 4th and 5th respondents respectively.

The court stopped the parties from summoning, arresting, or detaining governors, County Officials, or their associated persons with respect to any summons, directives, warrants, orders, or communications issued by either the Senate or the National Assembly. 

Responses to the application should be filed and served by the end of April 14, 2026 and any rejoinder, if need be, should be filed by the petitioners by the end of April 16, 2026.

Likewise, written submissions on the application by supporting parties are to be filed by the end of April 17, and submissions by opposing parties are to be submitted by the end of April 20.

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Senate Majority Leader Aaron Cheruiyot had issued a 30-day ultimatum on April 4 to all Governors to appear before Senate committees or face investigations by State agencies.

Cheruiyot warned that Governors who ignore summons to account for public funds should resign, adding that defiant Governors will be referred to the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI), signalling coordinated enforcement.

This came after a scuffle outside Parliament, which exposed a downturn in the relationship between Senators and Governors, with oversight and accountability being threatened.

Samburu Governor Lati Lelelit was manhandled by Nairobi Senator Edwin Sifuna, his Migori County counterpart Eddy Oketch, and Kiambu County Senator Karungo wa Thang’wa, among other lawmakers, for allegedly refusing to honour a summons.

Governors have insisted that they will not heed Senate summons to appear before oversight committees unless their list of grievances is addressed.

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