Akaranga fights to stop arrest for skipping Senate hearing
He was out of the country and has sent representatives, including the county lawyer, to inform the committee that the matter had been resolved by the Vihiga assembly
Vihiga Governor Moses Akaranga is in court seeking to stop his arrest and prosecution over failure to honour summons to appear before the Senate.
He says the Senate does not have powers to summon him over a matter that has already been considered by the county assembly.
Akaranga was summoned on September 27 to appear before the Senate Standing Committee on Finance on October 11 to explain how the county incurred a Sh2.5 billion debt. He did not appear before the committee as he was out of the country.
The county government sent its lawyer and other officers to appear before the Senate and explain his absence and also register an objection to the summons.
However, the county officials were denied audience after the Senate insisted that it requires Akaranga to appear in person.
The Senate then instructed IG Joseph Boinnet and DPP Keriako Tobiko to arrest and charge Akaranga for failing to honour the summons.
Akaranga says these instructions were given without considering the fact that there is a case in court over the same matter.
The governor believes that the summons have no basis in law and are unconstitutional.
He accused the Senate of acting in excess of its authority and jurisdiction as it has no such powers.
The governor said the House was usurping the role of the court in its constitutional mandate to adjudicate on such disputes.
The county assembly had dealt with the issue and a majority of the members dismissed a report in effect absolving the governor of any wrongdoing.
The standing orders for the Vihiga assembly, which provides the procedure for presentation and determination of petitions, do not provide for appeal to the Senate, he said.
He said he has unsuccessfully raised these issues with the Senate three times.