The County Public Accounts Committee (CPAC) is considering drastic legal measures, including the suspension of funds, to compel governors who have repeatedly ignored parliamentary summons to account for the use of public resources.
The Committee has raised concern that several governors, allegedly enjoying the backing of the National Police Service, have failed to appear before Parliament, undermining its constitutional oversight mandate.
On Monday, January 26, Samburu Governor Lati Lelelit skipped a CPAC session to attend the ruling United Democratic Alliance (UDA) National Governing Council meeting at State House, Nairobi.
A day later, Isiolo Governor Abdi Guyo and Mombasa Governor Abdulswamad Nassir also failed to appear as the Committee began reviewing county financial statements for the 2024/25 financial year.
Governor Nassir did not offer any explanation for his absence, while Governor Guyo requested a postponement, citing insecurity in Isiolo County and claiming he was involved in visits to victims of recent bandit attacks.
Lawmakers rejected the explanation, describing the repeated absences as a glaring weakness in the accountability framework. Isiolo Senator Fatuma Dullo dismissed Governor Guyo’s claims, noting that governors are not members of County Security Committees.
“His presence there, even if true, is questionable. He cannot pick up a gun to fight attackers,” Senator Dullo said.
She further faulted the postponement request, pointing out that the letter was written by the County Secretary and only copied to the governor.
“There is a total lack of seriousness on the part of the governor to appear before this Committee. His letter is a mere public relations stunt,” Senator Dullo added, citing poor service delivery in Isiolo County.
The Committee is now weighing several constitutional options to enforce compliance. Among them is Article 225 of the Constitution, which allows Parliament to halt disbursement of funds to public entities where misuse of public resources is established.
In 2025, the Senate passed a resolution to stop funds to several counties over accountability concerns, but the Constitutional Court later ruled that such action requires a concurrent resolution by both Houses of Parliament.
To navigate this hurdle, Senator Moses Kajwang’ has proposed invoking Article 223 of the Constitution, which allows the National Treasury Cabinet Secretary to authorise expenditure subject to later parliamentary approval.
Under the proposal, the Senate would pass a resolution suspending the release of funds to non-compliant counties for up to 30 days as it seeks concurrence from the National Assembly.
“The purpose is to stop cash disbursement to counties that do not want to account for the funds they have received until the audit process is completed,” Senator Kajwang’ said, terming the move the most effective way to compel governors to appear.
The Committee is also considering the development of joint rules of procedure with the Office of the Auditor-General to clearly define summoning processes and penalties for non-compliance.
“The rules will be self-executing,” Senator Kajwang’ said, arguing that clear procedures would strengthen Parliament’s oversight role and restore accountability in county governments.