Busia Senator Okiya Omtatah on Thursday February 22, filed a petition at the High Court against Busia Governor Paul Otuoma on allegations of him undermining and interfering with his oversight role in the county.
Okiya’s move to court was a way for him to seek an order to compel the governor to allow him access to information and documents needed for an independent audit despite two letters requesting the information.
Omtatah said the Governor also failed to respond to at least twelve letters written to him through various County Executive Committee Members demanding for audit of public funds.
“After being contemptuously snubbed by Hon. Paul Nyongesa Otuoma and his officers, I have sued the Governor in the High Court of Kenya at Busia,” Omtatah stated
He also accused Otuoma of using what he termed as illegitimate, illegal, and unconstitutional construction bids to build the Busia Trailer Park in the Mundika area and irregular and unlawful procurement distribution of new kiosks in Busia Town.
He argued he could not carry out his role as the county’s oversight without the records and data.
“Hence, it concerns the obligation on the respondent to uphold the rule of law, including by being transparent and accountable for his actions, and to provide to the petitioner and the public timely, accurate information as required by the Constitution and various statutes,” read the petition.
In a letter directed to the office of the governor, the senator demanded access to copies of the Integrated Financial Management Information Systems (IFMIS) cash books, vote books, and procurements made by the Busia devolved unit from the Financial Year 2016/2017 to date.
“Please take note that if I do not receive your response this time, I will have to file a motion in court in the public interest at your risk as to the costs, for the appropriate orders, and I shall do so without further recourse to Your Excellency,” read part of a notice by Omtatah to the governor.
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After being contemptuously snubbed by Hon. Paul Nyongesa Otuoma and his officers, I have sued the Governor in the High Court of Kenya at Busia.
See attached documents for further details. pic.twitter.com/EO9xpPwYMh
— Okiya Omtatah Okoiti (@OkiyaOmtatah) February 22, 2024