NAIROBI, Kenya, Feb 23 — Busia Senator Okiya Omtatah has filed a petition in the High Court against Busia Governor Paul Otuoma accusing him of undermining his oversight role.
In a petition filed in Busia on Thursday, Omtatah said the Governor had failed to surrender documents needed for an independent audit despite two letters requesting 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.
He also accused Otuoma of using “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.
“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 announced.
The Senator is seeking orders to compel the Governor to allow him access to information and documents to monitor and evaluate the use of public funds and resources in the county.
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.
Right to information
Omtatah stated that Article 35(1)(a) & (3) of the Constitution protects his right to obtain information kept by the State.
Article 35 (1) of the Constitution proves: “Every citizen has the right of access to; information held by the State; (a) and information held by another person and required for the exercise or protection of any right or fundamental freedom.”
Omtatah had issued an ultimatum to Governor Otuoma on November 10, 2023, requiring him to submit financial records or face legal action.
The Senator had sought copies of the Integrated Financial Management Information Systems (IFMIS) cash books, vote books, and procurement from the Financial Year 2016/2017 to 2022/2023.
“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,” he demanded at the time.