Senators summon Isiolo Speaker Abdullahi Banticha over Oldonyiro Hall defiance

Senators have summoned Isiolo County Assembly Speaker Abdullahi Jaldesa Banticha after he failed to appear before them to respond to a dispute involving the continued occupation of the Oldonyiro County Assembly Hall beyond its gazetted usage period.

The Senate Standing Committee on Devolution and Intergovernmental Relations issued the summons after Speaker Abdullahi declined to honour an invitation to appear before the Committee on Tuesday.

The County Assembly leadership had been required to respond to a statement raised by Isiolo Senator Fatuma Dullo on the continued use of the Oldonyiro County Assembly Hall beyond the approved five-month period. The Hall’s legal occupancy period expired on December 11, 2025, prompting scrutiny from the legislators.

According to the Committee led by Wajir Senator Mohamed Abbas, Speaker Abdullahi refused to attend the session, raising a preliminary objection over what he termed procedural and jurisdictional concerns.

He argued that the Senate had wrongly extended an invitation to Speaker Mohamed Roba Qoto, whom he described as being improperly presented as the Speaker of the Isiolo County Assembly.

“I am the duly elected and lawful Speaker of the Isiolo County Assembly,” he said, citing Gazette Notice No. 8667 and a recent judgment by Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court, which affirmed his position.

He termed the inclusion of what he called a stranger to the office as highly irregular and offensive.

“With all due respect to the Committee and the Senate, the Isiolo County Assembly and I will not honour the invitation to appear, nor will we engage with this process, as it is fundamentally irregular and an affront to our Assembly,” he submitted.

Going further, Abdullahi argued that the Senate was overstepping its mandate under Article 96 of the Constitution by seeking to interfere with internal decisions of a county legislature.

“As the Speaker of a County Assembly, I am constitutionally and statutorily constrained from appearing before a Committee of another legislature to answer for the legality of a resolution of my Assembly,” Abdullahi wrote, adding that, “The moment Senate Committees begin demanding documents and justifying resolutions of County Assemblies will mark the beginning of the end of devolution.”

However, members of the Devolution Committee dismissed his claims, insisting that Senate oversight extends beyond county financial matters to governance compliance and statutory obligations, including transitional timelines.

Committee Chairperson Senator Mohamed backed the decision to issue the summons, stressing that county institutions remain accountable to the Senate.

“The Devolution committee hereby summons the Isiolo County Assembly Speaker. The oversight role of autonomous institutions is responsible to a particular institution, which in this case is the Senate,” Mohamed directed during deliberations.

Committee Vice Chairperson Senator Catherine Mumma also rejected the Speaker’s position. “Asking for the documents is right because we are going to verify what's the situation. There is no way the Senate has overstepped. Speaker Banticha is wrong,” she said.

Senator Fatuma Dullo, who joined the session virtually while abroad, supported the push for compliance and questioned the assembly’s handling of the matter.

“The Assembly had not gazetted the Oldonyiro Hall as county premises. When I requested the statement, that's when they went and Gazetted, and actually in the Gazette, they don't have any clear commitments," she said.

The senators later agreed that further invitations would be unnecessary after Abdullahi’s clear refusal, opting instead for formal enforcement measures.

“The Speaker has categorically indicated that he will not honour the invitation to appear, nor will he engage with this process. This is a defiance of the invitation,” Senator Mohamed said.

The Committee invoked the Parliamentary Powers and Privileges Act, which empowers Parliament and its committees to summon any person.

Senator Mohamed directed that a legally binding summons be issued immediately and served to Speaker Abdullahi and the Isiolo County Assembly Clerk, requiring them to appear before the Committee on Thursday, June 4, 2026, next week without fail.

Under Kenyan law, failure to honour a Senate summons attracts serious consequences, as the Senate exercises powers equivalent to the High Court under Article 125 of the Constitution to compel attendance.

Deliberate refusal to appear may attract a personal fine of up to Sh2 million, payable from the individual’s own resources and not public funds.

In addition, the Senate Clerk may issue a warrant of arrest to the Inspector General of Police, compelling law enforcement officers to arrest and present the individual before Parliament.

Repeated non-compliance may also trigger wider administrative actions, including recommendations to suspend national revenue allocations to a county or declarations of unfitness to hold public office.