Kakamega Governor Fernandes Barasa was summoned by the Senate Committee on Devolution and Intergovernmental Relations over the creation of an office for his wife.
In a Committee sitting that was chaired by Siaya Senator Oburu Odinga on Monday, the Senators sought to investigate the legalities surrounding the creation of the office.
The Committee also sought to investigate how county resources were being used to fund the office of the governor's spouse.
Odinga's committee issued the summons to the governor after Kakamega Senator Boni Khalwale petitioned the Senate over the creation of the office.
Other Senators who were tasked with investigating the matter were Mohamed Chute (Marsabit), George Mbugua, Richard Onyonka (Kisii), Catherine Mumma (Nominated), David Wakoli (Bungoma), and Peris Tobiko(Nominated).
"Moreover, the inquiry called for an audit by the Auditor-General into the authority and processes used by the County Assembly of Kakamega to establish such an office," read a report by Parliament.
"It also demanded an investigation into potential violations of the Constitution and other laws by county governments by unnecessarily bulking up their payroll and creating redundant offices."
While he did not appear before the committee, Barasa responded to the committee in a letter.
The governor requested the Committee to shelve its investigations given that the matter was still active in Court.
He indicated he did not want to comment on the issue until the matter was determined.
Upon receipt of the letter, the Odinga Committee deliberated on the governor's request before issuing a ruling on the same.
“Indeed the matter is a subject of active litigation and therefore it is perfectly in order that we let the court deal with the matter without interference in the spirit of the separation of powers,” Odinga ruled.
This is not the first time that the creation of an office for a governor's spouse has caused controversy.
Notably, In 2014 the government weighed in on the matter and issued a directive to the governors over their spouses. At the time former Attorney General Githu Muigai advised that the governor’s spouses should neither be allocated county offices nor get monetary benefits.