High Court Lifts Orders Blocking Arrest of Governors Over Parliamentary Summons
The High Court sitting in Kiambu has overturned its earlier decision that had temporarily protected county governors from being arrested or detained if they fail to appear before Parliament when summoned.
In a ruling delivered on Tuesday, Justice Bahati Mwamuye vacated the conservatory orders that had initially stopped police and other enforcement agencies from summoning, arresting, or detaining governors and other individuals who ignore parliamentary directives.
The judge explained that the legal situation of the case had changed significantly after the petitioners moved to amend their original case.
The case was filed by Ashton Ngugi Gichuhi and Charles Mugane, who later returned to court requesting permission to adjust their petition.
They told the court that they intended to introduce a more direct constitutional challenge targeting specific sections of the Parliamentary Powers and Privileges Act.
According to the court, this amendment effectively changed the foundation of the original dispute, making the earlier protective orders no longer valid.
As a result, Justice Mwamuye ruled that the interim orders issued on April 8, 2026, which had blocked enforcement actions against governors, were hereby lifted. This decision now opens the way for enforcement agencies to act against county leaders who fail to comply with parliamentary summons.
The matter has been scheduled for mention on April 27, where further directions will be issued. This means that governors and other public officials who continue to ignore parliamentary invitations may now face arrest or other legal enforcement measures.
The earlier court order had specifically barred police from arresting or detaining county governors who refused to appear before committees of the National Assembly and the Senate.
That protection has now been removed, significantly changing the legal landscape around accountability for county leaders.
This ruling comes at a time when Parliament has been increasing pressure on governors to fully cooperate with oversight institutions.
Just days before the ruling, the Speaker of the National Assembly, Moses Wetang’ula, called for stronger legal measures against governors who refuse to honour parliamentary summons.
Speaking during a youth empowerment event in Migori County on April 17, Wetang’ula warned that governors who continuously ignore parliamentary committees risk facing serious legal consequences.
He emphasized that such defiance weakens democratic accountability and disrupts proper oversight of public resources.
He also issued a firm reminder to all 47 county governors, insisting that they are constitutionally required to appear before Parliament when summoned, especially to respond to audit queries regarding the use of public funds allocated to counties.
Wetang’ula further noted that the growing trend of governors avoiding parliamentary scrutiny, particularly on issues raised in reports by the Auditor-General involving billions of shillings, undermines transparency and public trust in governance.
In a more decisive step, the Speaker assigned Rarieda Member of Parliament and Senior Counsel Otiende Amollo to lead the development of proposed criminal sanctions that would target governors who fail to comply with parliamentary summons in the future.
The developments now set the stage for a more aggressive legal and political push to enforce accountability among county leaders, especially in matters involving the management and spending of public funds.
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