Senate Threatens Censure for Nairobi Governor Sakaja's Repeated Snubs

Governor Sakaja
Governor Johnson Sakaja addressing the AIPCA fraternity during the Holy Oil Celebrations at the Bahati headquarters, March 28, 2024.
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Nairobi County

The Senate Committee on Energy has intensified its warnings of censure against Nairobi Governor Johnson Sakaja, following his failure to attend the Senate summon.

Chaired by Nyeri Senator Wamatinga Wahome, the committee has expressed dismay over Sakaja's absence, slapping him with a Ksh500,000 fine for defying their summons. This marks the second time the Senate has penalised the governor for non-compliance.

Despite expectations of his presence in the Senate, Governor Sakaja opted to join President William Ruto and Deputy President Rigathi Gachagua at the Holy Oil Celebrations of the African Independent Pentecostal Church of Africa in Makadara, Nairobi County.

In a press briefing at the Senate, Narok Senator Ledama Olekina condemned Sakaja's persistent disregard for parliamentary protocol. "Governor Sakaja's lack of regard for Parliament is alarming. We have summoned him again and fined him Ksh 500,000," asserted Senator Olekina.

Governor Sakaja
President William Ruto and Nairobi Governor Johnson Sakaja during the Holy Oil Celebrations at AIPCA in Makadara.
PSCU

The committee had summoned Governor Sakaja to shed light on the tragic Embakasi gas explosion, which claimed seven lives.

Expressing grave concern over the incident, Senator Olekina queried the rationale behind siting the LPG facility in a residential area. "We have engaged in discussions with NEMA and other pertinent officials, including the cabinet secretary for energy. We are treating this matter with utmost seriousness," he added.

Senator Ledama reiterated the committee's resolve to continue summoning Governor Sakaja until he complies. However, he cautioned that persistent defiance could lead to censure. "We are duty-bound to fulfil our obligations as stipulated by law. Article 125 empowers us to compel witnesses to appear," affirmed Senator Ledama.

Article 125 of the constitution empowers parliament to summon witnesses and mandate them to provide evidence or information. It grants parliamentary committees powers akin to the High Court, enabling them to enforce attendance, administer oaths to witnesses, compel document production, and even issue commissions for witness examination abroad.

This is not the first instance of Governor Sakaja facing repercussions for flouting parliamentary summons. 

In November last year, he incurred a similar Ksh 500,000 fine for failing to appear before the Senate Roads and Housing Committee to discuss regeneration projects in city estates.

The Office of the Nairobi Governor is yet to issue a response to the latest developments in this ongoing saga, leaving many pondering the future course of action in this high-stakes political showdown.

Governors ignoring summons to address Senate inquiries are not unprecedented. 

In 2019, the Senate Public Accounts and Investments Committee directed police chief Hilary Mutyambai to apprehend Machakos Governor Alfred Mutua and present him before it to respond to audit queries. 
The committee invoked powers granted by the Constitution and the Parliamentary Powers and Privileges Act to compel the county chief's appearance.

Mutua had disregarded a summons issued by the oversight committee two weeks earlier. He had also snubbed an invitation to appear before it on September 18 to address audit queries spanning the 2015-2016, 2016-17, and 2017-18 financial years.

Censure is a parliamentary procedure to express disapproval or reprimand for specific actions or policies.

Though it doesn't mandate dismissal, it can exert significant pressure, potentially leading to resignation or dismissal, as witnessed in past instances like Minister Paul Ngei's resignation in 1965 and Finance Minister Amos Kimunya's resignation in recent years.

Senate
The Kenyan Senate.
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Senate of Kenya
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