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High Court of Kenya at Nairobi

(2019) JELR 103063 (CA)

Court of Appeal  •  Civil Appeal 204 of 2015  •  7 Jun 2019  •  Kenya

Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Sankale ole Kantai, James Otieno Odek, Agnes Kalekye Murgor



At the core of this appeal is the constitutional question of whether the National Assembly and the Senate have oversight functions over the national revenue allocated to counties, and in conjunction with this, is the issue of whether the Senate can summon governors to answer questions on County public finance management.

By a summons dated 8th February 2014, 15 County Governors were summoned by the Senate Committee on Finance, Commerce and Economic Affairs to respond to queries regarding a Report of the Controller and Auditor General for the financial year ended 2012/2013. Following the summons a number of County Governors appeared before the committee to respond to various queries raised in the report regarding the Financial Operations of the County Governments and their defunct Local Authorities for the year under review. But four County Governors expressly declined to honour the summons to attend before the Committee. Being aggrieved by the summons, they filed H…

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