A human rights activist has called on the Council of Governors (CoG) to bar Senators who are also practicing lawyers from representing county governments and executives in court. Laban Omusundi, from the Grassroot Civilian Oversight Initiative in Nakuru, argued that such involvement creates a conflict of interest, undermining the Senate’s constitutional oversight role.
“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,” Omusundi stated in his petition to the Council of Governors.
He urged governors to seek the recusal of any Senator engaged in such cases, citing concerns over impartiality and integrity. Omusundi also demanded that any legal fees paid to Senators using taxpayer money be refunded.
“As an advocate for good governance, the rule of law, and constitutionalism, I am deeply concerned about Senators aligning with county governments in legal matters,” he said, adding that several Senators have been representing counties through their law firms, despite their legislative duties.
Omusundi emphasized that the Constitution mandates the Senate to provide oversight on matters of governance, integrity, public resource management, and overall county administration. “They are mandated to oversee and critique counties on issues related to governance, integrity, the use of public resources, and overall management,” he noted.
He warned that by taking on legal roles for county governments, Senators risk compromising their impartiality and could be subject to undue influence from governors or county executives.
“Their role is to be referees, ensuring that counties are properly managed and public resources are used transparently. They cannot act as both referees and players in the management of county governments,” Omusundi argued.
