The Kiambu High Court has lifted sweeping conservatory orders that had temporarily barred the arrest or detention of governors and other affected individuals, in a ruling that significantly reshapes an ongoing legal battle involving Parliament’s oversight powers.
In a decision delivered on Tuesday, Justice Bahati Mwamuye vacated the interim orders issued on April 8, 2026, stating that recent moves by the petitioners had fundamentally altered the legal foundation of the case.
“Interim conservatory orders dated and issued on April 8, 2026, be and are hereby vacated,” the judge ruled.
The orders had previously restrained police from summoning, arresting, or detaining governors in connection with directives from both the Senate and the National Assembly.
They were issued following an application filed on April 7 by petitioners Ashton Ngugi Gichuhi and Charles Mugane.
However, the case took a decisive procedural turn after the petitioners sought to amend their petition. According to Mugane, the proposed changes aim to introduce an explicit constitutional challenge to sections of the Parliamentary Powers and Privileges Act.
“We have filed an application to include an express challenge on the constitutionality of some sections of a statute that is the Parliamentary Powers and Privileges Act,” Mugane told the court.
While the petitioners argued that the amendments merely clarify issues already raised, respondents pushed back strongly, describing the move as reactive and substantive.
They contended that introducing a direct constitutional challenge shifts the burden of proof and undermines the presumption that statutes are constitutional unless proven otherwise.
Justice Mwamuye agreed with the respondents, finding that the proposed amendments could not be treated as minor procedural adjustments. He emphasized that altering the legal basis of the petition directly affects how the court evaluates whether a prima facie case exists—an essential threshold for granting conservatory orders.
“You cannot have one prima facie case for the interlocutory application and another for the main petition,” the judge observed, questioning the viability of proceeding with an application grounded on pleadings that were still evolving.
The court also pointed to the petitioners’ own supporting documents, which acknowledged the need to “properly articulate” constitutional questions, reinforcing the conclusion that the matter remained fluid and unsettled.
As a result, the court declined to proceed with the scheduled hearing and vacated an earlier ruling date set for April 24. Crucially, the lifting of the conservatory orders removes the temporary legal shield that had protected governors and other parties from arrest or enforcement action.
Justice Mwamuye directed that the application to amend the petition be served on all parties immediately, with further directions expected when the matter returns to court on April 27.
The case is unfolding against a backdrop of escalating tensions between county governments and the Senate’s oversight mechanisms, particularly the County Public Accounts Committee (CPAC).
The Council of Governors (CoG), led by Wajir Governor Ahmed Abdullahi, had earlier instructed governors to boycott CPAC sessions. The governors allege that some senators are using the proceedings to harass, intimidate, and solicit bribes in exchange for favorable handling of audit queries.
CPAC, chaired by Homa Bay Senator Moses Kajwang, has firmly rejected the claims, terming them a “smokescreen” designed to evade accountability for the management of billions in public funds.
The committee has since listed more than a dozen governors as non-compliant, with penalties of up to Sh500,000 per violation for failure to appear.
Several high-profile incidents have further intensified the standoff.
In March 2026, Johnson Sakaja faced a potential arrest over failure to honor Senate summons, a move the CoG criticized as politically motivated and disproportionate.
Meanwhile, Lati Lelelit was recently involved in a confrontation at Parliament buildings linked to audit concerns over 25 alleged illegal bank accounts operated by his administration.
With the conservatory orders now lifted, governors and other affected officials may face renewed enforcement actions, setting the stage for a potentially high-stakes legal and political showdown as the case resumes later this month.
