Ruaraka land saga: Francis Mburu loses fight against Senate summons

Businessman Francis Mburu has lost a bid to stop the Senate from summoning him over the controversial Ruaraka Land.

High Court Judge John Mativo ruled that the process employed by the Senate in summoning the businessman was rationally connected to a lawful purpose.

Further the court noted that Mburu has not established any grounds for the court to grant the judicial orders.

“It is the court’s decision that the doctrine of separation of powers does not permit the court to prescribe to the two houses of parliament which oversight tool it should employ in the exercise of its constitutional mandate adding that the court can only inquire into whether or not the choice exercise is rational.

“The argument of the ownership question has been the subject of a court determination can only be relevant in so far as it can assist the committee to carry out its investigations but cannot be a global defence to the question before the committee on the prudent use of public resources, ” said Mativo.

Mburu argued that having appeared before the National Assembly he did not did to appear before the Senate but the judge noted that the information can only be useful if its supplied to the committee which is in a better position to determine whether indeed the issues under considerations were conclusively determined by the committee of National Assembly.

The businessman had wanted judicial review to quash summons issued by the County Public Accounts and Investments Committee.

Mburu had argued that Moses Kajwang, the committee chairperson had commented in the newspapers on the matter pending before the committee and failed to furnish him with the complaint despite being requested.

They were purporting to investigate him yet no complain had been made and also fined him Ksh.500,000 for not appearing before the committee.

The Senate in its responses had argued that they invited Mburu pursuant to section 18 of the Parliamentary and Privileges Act arguing that the y represent the counties and serves to protect their interests and their governments.

Senate through its lawyer told the court that Mburu was paid 1.5 billion shillings as part payment of the land and is set to be paid a further enormous amount from public funds hence its prudent that the senate verifies the property of the transaction.