Sakaja goes into hiding as governors' audit boycott sparks arrest orders

Nairobi Governor Johnson Sakaja is a fugitive. Wanted by Senators and being sought by police ordered to arrest him and present him before the county fathers. 

By Press time yesterday evening, police had staked out outside the City Hall, where they believed Sakaja was holed up.

The arrest order was long coming after Sajaka ignored a summons to appear before the House to answer to audit queries on Nairobi finances. Sakaja is one of 26 governors who have not appeared before the Senate to answer audit queries. This move has led to senators adopting the report without a rebuttal from the county heads. Also being sought is Samburu Governor Lati Lelelit. 

"We will not relent until we present him to the Senate," said Nairobi County Police boss Issa Mohamud Issa when he briefed journalists on the pursuit.

"The Senate has the power to direct that Sakaja be brought before the Senate. Accordingly, they summoned the governor of Nairobi, but he did not honour the summons. They issued a warrant of arrest through the IG and we are here to pick him and present him before the Senate," he said.

As a result of the standoff, the Senate is set to adopt Auditor-General reports on the expenditure of billions of shillings allocated to 26 counties after their respective governors failed to appear before the Senate County Public Accounts Committee (CPAC).

All 47 governors had been scheduled to appear before the committee, chaired by Homa Bay Senator Moses Kajwang, between January 26 and March 30 this year. However, only 21 governors honoured the summons to facilitate consideration of financial statements for the 2024 and 2025 financial years.

Kajwang said the failure by the 26 governors to appear before the Senate had reversed gains made under devolution. “Article 96(1) of the Constitution of Kenya, 2010 provides that the Senate represents counties and protects their interests, while Article 96(3) mandates the Senate to exercise oversight over national revenue allocated to county governments, including ensuring accountability in the management of public resources,” said Kajwang.

He added that the Senate would recommend that the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) take action on cases involving alleged embezzlement of billions of shillings highlighted in audit reports.

Last week, Senate Majority Leader Aaron Cheruiyot tabled a motion seeking to bar the Controller of Budget from approving withdrawals from a County Revenue Fund where a governor has declined to appear before a Senate committee to account for funds allocated in the preceding financial year.

He noted that Article 229(8) of the Constitution requires Parliament to debate and act on audit reports within three months of receipt. 

Quoting Article 125 of the Constitution, Cheruiyot said Parliament and its committees have powers equivalent to those of the High Court to summon witnesses, examine them under oath, compel production of documents and enforce attendance.

Kajwang criticised governors for repeatedly ignoring invitations and summons issued by CPAC, saying the conduct undermines the Senate’s constitutional oversight mandate and weakens accountability in the management of public resources.

“The continued disregard of Senate invitations and summons sets a dangerous precedent that erodes respect for constitutional institutions,” Kajwang said.

However, Council of Governors (CoG) Chairperson Ahmed Abdullahi defended the governors’ boycott, accusing some senators of engaging in what he termed extortion, political witch-hunts, harassment and humiliation of county chiefs.

In a statement issued after a governors’ retreat in Kilifi last month, Abdullahi said the Council remained committed to accountability and prudent use of public resources, but insisted that oversight must be exercised lawfully and without abuse of office. “The Council of Governors has resolved that governors will not appear before the Senate County Public Accounts Committee until our concerns are addressed through structured engagement with Senate leadership,” he said.

Abdullahi also questioned repeated summons requiring governors to appear before both the CPAC and the County Public Investments and Special Funds Committee to discuss investments involving municipalities, hospitals and water companies.

Senate Speaker Amason Kingi, in a letter to the Council of Governors, accused county chiefs of defying constitutional summons and snubbing Senate watchdog committees despite his willingness to engage them. He said a meeting scheduled for February 26 was deferred indefinitely after governors failed to honour his directive.

The Speaker maintained that talks would only resume once governors complied with constitutional requirements and appeared before Senate committees — signalling hardened positions in a prolonged standoff that has paralysed audit scrutiny of counties.