This archive report was first published on 26 October 2021.
On October 26, 2021, the High Court issued a conservatory order blocking the Senate from considering the Auditor General's reports on the Roads Maintenance Levy Fund and the World Bank funded Kenya Urban Support programme for the 2018/2019 and 2019/2020 financial years.
The order was issued by Justice Hedwig Ong'udi, who certified the case by the Council of Governors (COG) as urgent.
The COG had challenged the Senate's move to summon governors over the reports, arguing that the conduct of the Senate was unreasonable, malicious, and meant to undermine the administration of justice and subvert the constitutional order on oversight.
According to the COG, the Senate's oversight role over nationally collected revenue to counties is not identical to that of the county assembly, and therefore, the Senate cannot scrutinize county expenditures in the same way that the county assembly can.
Justice Ong'udi directed the case to be heard on October 28, 2021.
