How Former DPP Tobiko Could Cause Governors' Arrest

  • Former Director of Public Prosecution Keriako Tobiko advised senators last year to introduce new provisions in the Parliamentary Powers and Privileges Bill, 2014 to issue warrants of arrest and fines to uncooperative governors.

    Governors who defy summons to respond to county matters under probe will soon be arrested and prosecuted.

    This is after Senate watchdog committee said it will legislate a law allowing senators to issue warrants of arrest to the defiant governors.

    On Thursday, Senate Public Accounts Committee chairman Moses Kajwang stated that his team will put the law in place to deal with rogue governors.

    [caption caption="Kenyan Governors in Mombasa"][/caption]

    “We will tighten loopholes in the Parliamentary Powers and Privileges law. 

    There are big gaps in the law, hence, need to be strengthened in totality considering that our devolution is barely five years,” Kajwang stated.

    Senators relied on the DPP to have governors defying committee summonses be prosecuted but the High Court barred the prosecution's office from using the Penal Code provision to prefer charges on belligerent county bosses.

    The court, instead, directed that uncooperative governors should be punished under the Parliamentary Powers and Privileges Act provisions.

    However, the act lacks the provision for parliamentary committees to independently issue warrants of arrests and fines, among other penalties.

    [caption caption="Governors meeting in Mombasa"][/caption]

    Kajwang, however, reiterated that his committee will ensure all the 47 governors appear before them to account for billions of county funds they receive from the exchequer.

    “If you have nothing to hide, why would you not want to appear before Senate? I want to ensure that governors are treated in a dignified manner when they appear before my committee because they are also elected leaders,” he stated.