Court bars IG and police from arresting governors summoned by Senate and Parliament
By Zipporah Ngwatu, April 9, 2026A Kiambu High Court has issued a conservatory order blocking the Inspector General of Police (IG) and the National Police Service (NPS) from arresting all 47 governors, county officials, or their associated persons until their filed petition is heard and determined.
On April 7, 2026, Charles Mugane and Ashton Ngugi Gichuhi filed a petition at the Kiambu High Court, Constitutional and Human Rights Division, over Senate threats to arrest county governors who fail to honour their summons.
Justice Bahati Mwamuye has, on Wednesday, April 8, 2026, restrained the IG and the NPS from actualising the Senate and National Assembly orders, directives, warrants of arrest and summonses on the county bosses and county officials.
“Pending the inter partes hearing and determination of the petitioners’ notice of motion application, a conservatory order be and is hereby issued restraining the 3rd and 4th respondents (IG and NPS), jointly and severally, and whether by themselves directly or through their officers, employees, servants, agents, related entities, or agencies operating with them under a multi-agency framework from summoning, arresting, or detaining any of the Interested Parties, County Officials, or their associated persons with respect to any summons, directives, warrants, orders, or communications issued by either the 1st or 2nd respondents (The Senate of Kenya and National Assembly of Kenya),” Judge Mwamuye ordered.
He has also directed the petitioners to serve the Senate, National Assembly, IG, NPS and the Attorney General (AG), together with the 47 governors and the council of governors with the application, petition and the court order immediately and file an affidavit of service in that regard by close of business on April 9, 2026.
According to the petitioners, the Senate has issued directives to the IG to arrest and present a number of governors before the Senate Committee on account of failure to honour summons, adding that it has indicated it will continue to issue more directives to arrest governors.
Further, they aver that the arrest threats by the Senate amount to a clear violation of fundamental rights and freedoms under the Constitution, including the right to fair administrative action and the right to a fair hearing and the right to dignity, liberty and security of the person.
Mugane and Ashton cite that the actions complained of have already created widespread uncertainty and tension within county governments and, if not restrained, will compromise the functioning of devolved units, disrupt public service delivery and undermine public confidence in constitutional governance.
The court has set the hearing of the application by way of highlighting of written submissions for April 21, 2026, at 10:30 am virtually.
A ruling on the matter will be delivered on April 24, 2026, at 10:30 am virtually.