The Council of Governors (CoG) has declared war on the Constitution. In a brazen resolution passed at their retreat in Kilifi, the county bosses have signaled their intent to appear before Senate oversight committees only "on their own terms." This is not a procedural dispute; it is an attempted constitutional coup designed to shield the misuse of billions in public funds from scrutiny.

Governance expert Ken Osido calls it "constitutionally untenable," but that is a polite understatement. It is a direct assault on Article 229 and Article 125 of the Constitution. The governors’ stance implies that accountability is a negotiable favour they grant to the Senate, rather than a mandatory duty they owe to the people of Kenya. This arrogance stems from a dangerous culture of impunity that has taken root in the devolved units.

The Kilifi Conspiracy

The timing of the Kilifi resolution is no coincidence. It comes amidst a flurry of damning reports from the Office of the Auditor-General, flagging massive irregularities in county expenditures. From ghost workers to inflated procurement tenders, the rot in the counties is deepening. By attempting to dictate the terms of their interrogation, the governors are effectively trying to rewrite the law to suit their comfort.

• The Legal Reality: Article 125 grants the Senate the powers of the High Court to summon any person. For a governor to suggest they can choose when to appear is legally equivalent to a criminal suspect telling a judge when to hold the trial.
• The Audit Trail: The Auditor-General’s reports are not "political rumours," as some governors claim. They are forensic documents detailing the theft of public resources. The Senate’s role is to ask the hard questions that the governors are desperate to avoid.
• The Precedent: If allowed to stand, this defiance will set a catastrophic precedent. "In no functioning democracy do subjects of oversight choose their overseers," Osido warns.

Accountability is Not Negotiable

While it is true that devolution has brought services closer to the people—building hospitals and roads where there were none—development cannot be a bribe for silence. A governor who builds a road but steals the budget for a clinic is still a thief. The narrative that oversight "slows down development" is a smokescreen used by the corrupt to hide their tracks.

The Senate must not blink. The people of Kenya did not vote for 47 mini-monarchs who are above the law. They voted for servants who are accountable for every shilling. The Kilifi resolution must be treated with the contempt it deserves: as a confession of guilt by leaders who fear the light of transparency.