Kingi wants police to arrest Isiolo governor for snubbing Senate summons

Senate Speaker Amason Kingi has directed the Inspector General of Police Douglas Kanja to arrest and present Isiolo Governor Abdi Ibrahim Guyo to the Senate, following his repeated failure to appear before various committees despite being summoned multiple times.

In a communication to the Senate, Kingi stressed that governors are obligated to attend committee sessions as a duty, not as a favour.

He highlighted the issue brought to the Senate's attention by Senator Fatuma Dullo, noting the numerous occasions when Governor Guyo had declined to honour invitations and summons.

“It is clear that the various committees of the Senate have made several attempts to invite the governor to appear before issuing summons. In both instances the governor has failed to appear in a clear disregard of the Senate's power under the Constitution,” he said.

The Speaker outlined several instances where Guyo failed to appear, including an April 12, 2024 summons by the County Public Accounts Committee and a July 31, 2024 summons by the Standing Committee on Finance and Budget.

Further summons was issued on September 30, 2024, but the governor still did not attend.

Demeaning language

Kingi also pointed out that Governor Guyo had appeared before the County Public Investments and Special Funds Committee but used demeaning language towards its members.

Additionally, the governor had failed to appear before the Standing Committee on Health following a May 21, 2024 summons and had obtained conservatory orders to prevent the implementation of the committee's resolution to prosecute him.

Further instances included his refusal to attend sessions with the Standing Committee on National Cohesion, Equal Opportunity, and Regional Integration, and the Standing Committee on Devolution and Intergovernmental Relations.

According to Kingi, under Article 125 of the Constitution, both Houses of Parliament and their committees hold the power to summon any person to provide evidence or information, with the same authority as the High Court.

Kingi explained that Section 18(1) of the Parliamentary Powers and Privileges Act grants Parliament the right to invite or summon individuals, and Section 19 allows for fines or arrest in cases where summoned persons fail to appear without justification.

The Senate Speaker noted that the judicial system had affirmed the Senate's power to summon individuals, referencing the 2014 court ruling in International Legal Consultancy Group vs Senate, where the court ruled that public officials must respect Senate summonses.

“It is not in doubt that the Senate is conferred with the powers to summon any person to appear before it to give evidence or to provide information, within its constitutional and statutory mandate. The powers to summon by the committees are equivalent to those of the High Court. In this same decision the court found that the constitutional power to summon must be respected by all public officials at all times,” he said.

He further emphasised that summonses should only be issued after attempts at consultation or mediation have failed.

In light of Governor Guyo's repeated defiance, Kingi declared that the Senate's committees had followed all necessary procedures and that the governor's conduct undermined the Senate's role in overseeing county funds, as stipulated under Article 96 of the Constitution.

"This conduct by the governor not only undermines the rule of law but obstructs the Senate from discharging its role as the protector of counties," he said.

Kingi directed all committees that had previously issued summons to the governor to coordinate with the Police IG to ensure Guyo is brought before the Senate at the earliest possible date.

“I, therefore, guide that all committees which had issued summons to the Governor of Isiolo to appear before the committees and in which the governor failed to appear, as a matter of urgency, liaise with the Inspector General of Police and require him to produce the governor before the respective Committee at a determined date and time,” he said.