Activist Calls for Ban on Senators Representing Governors in Court

September 24, 2024

A human rights activist has called on the Council of Governors (CoG) to prohibit Senators who are also lawyers from representing county governments and executives in court.

Laban Omusundi, from the Grassroot Civilian Oversight Initiative in Nakuru, urged governors to seek the recusal of senators involved in civil cases, arguing that such representation creates a conflict of interest.

In his petition, Omusundi stated, “All Senators, either by themselves or through their law firms, who are representing counties in any civil cases in any court in the Republic of Kenya should be recused from those cases with immediate effect.”

He also demanded that all taxpayers’ money paid to Senators as legal fees be refunded.

As an advocate for good governance, the rule of law, and constitutionalism, Omusundi expressed deep concern over Senators aligning with county governments. He noted that some Senators have used their law firms to represent counties in civil court cases.

Omusundi emphasized the Senate’s oversight role as outlined in the Constitution, stating, “They are mandated to oversee and critique counties on issues related to governance, integrity, the use of public resources, and overall management.”

He warned the governors’ council that when senators assume legal roles, they risk compromising their integrity due to potential influences from governors or county executives. He firmly stated that referees (senators) cannot simultaneously act as players in the management of county governments.



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