Governors, State officials risk arrest for defying Senate summons
By Rawlings, February 20, 2024
Senators want be given powers to arrest witnesses who fail to heed summons to answer questions in committees and in the plenary.
The lawmakers argue that where witnesses fail to appear before committees and the Inspector General of Police fails to arrest them, they are helpless and cannot continue with their oversight role.
This was after Vihiga Senator Godfrey Osotsi moved a motion on the Parliamentary Powers and Privileges (Amendment) Bill, which seeks to introduce higher penalties for non-appearance of witnesses especially governors and national government officials.
“This Bill will give us the option that in the event the Inspector General of police is not able to enforce our summon through arrest, then we can do it ourselves, through the direction of the Speaker or the Clerk,” he said.
Osotsi (pictured) argued that summons issued to the witnesses before to the Inspector General of Police were not enforced.
“If we do not do that, we will reach a point where people will not come to our committees. We will issue summons and they will not come. They will collude with the police, and they will never come. We will be a toothless House that cannot bite. This Bill gives us more teeth to follow the law, together with our Standing Orders, and arrest the people who do not appear.”
While seconding the motion, Edwin Sifuna (Nairobi) said the Senate Roads and Housing committee had written invitations and summons to Nairobi Governor Johnson Sakaja on five occasions, but he had “refused, failed and or neglected” to appear before the Committee.
“For as long as this House or the institution of Parliament relies on any other government agency or institution to make sure that its business goes on, it will never happen. We need this institution to have the powers to arrest people and present witnesses before the committees. I am in full support of the proposition by Osotsi to give this House those powers,” said Sifuna.
Samson Cherargei (Nandi) said Parliament enjoys the same status as the High Court.
“Our agenda is to inflict the pain, to ensure that it becomes so painful that when you hear that you need to appear before a Committee of the Parliament, you shudder with morbid fear and appear.
That is the love we should share with people who do not want to appear before Parliament,” said Cherargei.