𝐒𝐄𝐍𝐀𝐓𝐄 𝐌𝐎𝐕𝐄𝐒 𝐓𝐎 𝐅𝐎𝐑𝐂𝐄 𝐈𝐒𝐈𝐎𝐋𝐎 𝐀𝐒𝐒𝐄𝐌𝐁𝐋𝐘 𝐋𝐄𝐀𝐃𝐄𝐑𝐒𝐇𝐈𝐏 𝐓𝐎 𝐀𝐏𝐏𝐄𝐀𝐑 𝐎𝐕𝐄𝐑 𝐎𝐋𝐃𝐎𝐍𝐘𝐈𝐑𝐎 𝐇𝐀𝐋𝐋 𝐑𝐎𝐖

By Ahmed Salat Political Affairs 

A fresh standoff has erupted between the Senate and the Isiolo County Assembly after the Senate Standing Committee on Devolution and Intergovernmental Relations summoned the county assembly leadership over what legislators described as open defiance of parliamentary oversight.

The Committee, chaired by Senator Mohamed Abbas, resolved to issue formal summons to Isiolo County Assembly Speaker Hon. Abdullahi Banticha declined to appear before senators during Tuesday’s session at Parliament Buildings in Nairobi.

The assembly leadership had been expected to respond to concerns raised by Isiolo Senator Fatuma Dullo regarding the continued occupation of the Oldonyiro County Assembly Hall beyond the gazetted five-month transition period, which expired on December 11, 2025.

In a strongly worded response addressed to the Committee, Speaker Banticha rejected the invitation and questioned the legitimacy of the proceedings.

“I am the duly elected and lawful Speaker of the Isiolo County Assembly,” Banticha stated, citing Gazette Notice No. 8667 and a judgment delivered by Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court affirming his position.

The Speaker further protested the Senate’s decision to extend a similar invitation to Hon. Mohamed Roba Qoto, whom he described as an illegitimate office holder.

“With all due respect to the Committee and the Senate, the Isiolo County Assembly and I will not honour the invitation to appear, nor will we engage in a process that is fundamentally irregular and an affront to the Assembly,” he wrote.

Banticha also argued that the Senate was exceeding its constitutional mandate under Article 96 by attempting to scrutinize internal resolutions passed by a county legislature.

“As the Speaker of a County Assembly, I am constitutionally and statutorily constrained from appearing before a committee of another legislature to answer for the legality of a resolution of my Assembly,” he stated.

He warned that continued interference by Senate committees in county assembly affairs could undermine devolution.

“The moment Senate committees begin demanding documents and seeking justification for resolutions passed by county assemblies will mark the beginning of the end of devolution,” Banticha added.

However, members of the Senate Committee firmly dismissed the Speaker’s objections, insisting that parliamentary oversight extends beyond county finances to include governance and compliance with statutory processes.

Committee Chairperson Senator Mohamed Abbas defended the Senate’s authority and called for immediate action against the assembly leadership.

“The Devolution Committee hereby summons the Speaker of the Isiolo County Assembly. Autonomous institutions remain accountable to oversight bodies, and in this case, that institution is the Senate,” Senator Abbas directed.

Committee Vice-Chairperson Senator Catherine Mumma also faulted the Assembly’s position, maintaining that the Senate was acting within the law.

“Asking for documents is absolutely within our right because we must verify the actual situation on the ground. There is no way the Senate has overstepped its mandate. Speaker Banticha is wrong,” Senator Mumma said.

Isiolo Senator Fatuma Dullo, who attended the meeting virtually while out of the country, accused the Assembly of acting without a proper legal framework.

“The Assembly had not gazetted the Oldonyiro Hall as county premises. It was only after I requested the statement that they moved to gazette it, and even then, the Gazette Notice lacked clear commitments,” Senator Dullo stated.

Senators observed that since the Speaker had openly declared he would not cooperate, issuing fresh invitations would serve little purpose, leaving legally enforceable summons as the only viable option.

“The Speaker has categorically indicated that he will not honour the invitation or engage with this process. That amounts to defiance of Parliament,” Senator Abbas said.

The Committee subsequently directed that binding summons be prepared immediately under the Parliamentary Powers and Privileges Act and served upon both Speaker Banticha and the Isiolo County Assembly Clerk.

The two officials are now expected to appear before the Senate Committee next Thursday without fail.

Under Article 125 of the Constitution, Parliament possesses powers equivalent to those of the High Court to summon witnesses and compel the production of documents.

Failure to comply with Senate summons can attract severe legal consequences, including a personal fine of up to KSh2 million, arrest warrants issued through the Inspector General of Police, and possible administrative sanctions against the county government.

Repeated defiance may also trigger recommendations to suspend national revenue allocations to the affected county or declarations that an official is unfit to hold public office.