Why Senate's old playbook is officially dead

One morning in June 2023, Nairobi Governor Johnson Arthur Sakaja cried hysterically in front of President William Ruto and other senior Kenya Kwanza officials.

 They were visiting Roysambu Primary School for the launch of the Dishi na County feeding programme funded by City Hall.

 The cause of Sakaja’s tears was the alarming dropout rates and the plight of millions of learners who could barely afford a meal. Like Jesus in the Bible, he didn’t just sympathise, he wept. Come last Monday, police camped outside Sakaja’s office in a bid to arrest him. It wasn’t about his Ugandan university degree but for snubbing Senate summons. This time, the good governor shed no tears.

 Instead, he outsmarted the police and drove to Parliament where he declared himself the only unblemished governor Nairobi has ever had. Much to his reprieve, the Council of Governors demanded withdrawal of arrest warrants against its members. Sakaja and 28 other county bosses have consistently failed to honour County Public Accounts Committee (CPAC) summonses as regards 2024-2025 audit queries.

 In the recent past, however, many high-ranking public officials have ignored summonses without consequence. This is why in the eyes of some Kenyans, Monday’s attempted arrest of Sakaja was the biggest stunt of the century. Our society can sometimes act merely to be seen doing something.

 Then came the shocking manhandling of Samburu Governor Lati Lelelit by Senators on Wednesday. It laid bare how the House lately behaves like a drenched cat, not the lion it ought to be. A product of our "very progressive" Constitution in Articles 96-103, the Senate should represent counties and protect their interests to the hilt. But what’s its score card away from such drama?

 Since 2013, few governors take the Senate seriously. It’s telling how the county bosses see little need to obey senators. The "excellencies" routinely accuse House committees of graft, with some even arguing that the so-called Upper House should be scrapped. 

 There’s also the perception that because of the billions they control, the governors are superior to senators. It’s a flawed line of thinking that persists because senators, for some reason, have failed to make their office truly useful in defending devolution. Graft, nepotism and impunity are the norm in the 47 counties.

 Where there’s smoke, there’s fire. The "big brother" is outfoxed! Asking for Wanjiku: What did senators do or didn’t to make governors paint CPAC as a haven for graft? While the onus is on them to prove their claims, why has Speaker Amason Kingi not considered an agreeable ceasefire? And why have the bribery claims not reached the anti-corruption commission’s in-tray?

 Council of Governors chairman Ahmed Abdullahi has something up his sleeve. While acknowledging that the Senate has powers akin to those of the High Court in issuing summonses, he interestingly asks: “Have you ever seen a judge behaving like these senators?” He is blunt that “if you want to be respected like a judge, you must behave the way they do in court.” Truth is that society judges you by what you are.

 The handling of Anne Waiguru’s impeachment case in July 2020 was a blot. Of all impeachments in county assemblies, the Kirinyaga case stood out for the high-stakes interests it attracted. It led to claims of "prying" that the House should have averted. Sadly, it didn’t learn a thing.

 Senators like Moses Kajwang, Edwin Sifuna, Okiya Omtatah, Ledama Olekina, Richard Onyonka, Enoch Wambua, Samson Cherargei and a few others have good guts. In plenary and in the press, their brilliance is obvious. But in defending Senate’s turf, they barely scratch the surface. They need new a new playbook.

 Let’s just say comparing the US Senate and our own is like comparing oranges to apples or antelopes to Hyenas. In America, senators are highly respected. Many presidents and top politicians like Barack Obama and John McCain served as senators. Perhaps one day, our senators will earn their place in history too. 

 The writer is a communications practitioner. X:@markoloo