Munya asks court to stop his ar­rest for de­fy­ing sum­mons

Court doc­u­ments show Munya wrote to the Se­nate on Septem­ber 1, in­di­cat­ing he would not ap­pear as he was to at­tend a CoG meet­ing on Septem­ber 5

The Star (Kenya) - - Politics Judiciary - SU­SAN MUHINDI @TheS­tarKenya

Meru Gov­er­nor Peter Munya has moved to court to stop his im­mi­nent ar­rest for fail­ing to obey Se­nate sum­mons to ap­pear on Septem­ber 5.

The Se­nate Pub­lic Ac­counts and In­vest­ments Com­mit­tee had on Au­gust 23 sum­moned the gov­er­nor to ap­pear and an­swer ques­tions by the Au­di­tor Gen­eral on county fi­nan­cial oper­a­tions for the 2013-14.

Munya terms the sum­mons “un­con­sti­tu­tional, il­le­gal and ma­li­cious”. Through lawyer Peter Wanyama, the gov­er­nor says the Se­nate has in­struct- ed the In­spec­tor Gen­eral of the Po­lice to ar­rest him for fail­ing to hon­our the sum­mons. He says the con­sti­tu­tional ques­tion of the ex­tent of the Se­nate’s power to en­force at­ten­dance of wit­nesses is pend­ing in court. Court doc­u­ments show Munya wrote to the Se­nate on Septem­ber 1, in­di­cat­ing he would not ap­pear since he was sched­uled to at­tend a Coun­cil of Gov­er­nors meet­ing on Septem­ber 5.

The gov­er­nors’ meet­ing had been fixed prior to the sum­mons.

Munya said his at­ten­dance was in­dis­pens­able, since he is the chair­man.

The gov­er­nor says on Septem­ber 5, the Meru Fi­nance ex­ec­u­tive and county ac­count­ing of­fi­cers at­tended the Se­nate com­mit­tee meet­ing, but they were or­dered out. He says the com­mit­tee in­sisted that he ap­pears in per­son. The del­e­ga­tion, Munya says, brought doc­u­men­ta­tion.

“It is ap­par­ent the Se­nate com­mit­tee was not in­ter­ested in the in­for­ma­tion it was pur­port­edly seek­ing, ow­ing to its de­ci­sion to chase away the en­tire del­e­ga­tion. The of­fi­cers un­der the Pub­lic Fi­nance Man­age­ment Act 2012 are re­spon­si­ble for pub­lic fi­nance ac­count­ing,” he says.

Munya wants the court to sus­pend the de­ci­sion by the Se­nate to have the IG of Po­lice and the DPP ar­rest him for fail­ing to obey the sum­mons. He says if the Se­nate is in­ter­ested in an­swers to the queries, it should have given him a fresh date.

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