Senator Omtatah Sues Governor Paul Otuoma

Senator Omtatah Sues Governor Paul Otuoma

Senator Omtatah Sues Governor Paul Otuoma

On Thursday, February 22, Busia Senator Okiya Omtatah filed a petition in the High Court against Busia Governor Paul Otuoma, alleging the governor had meddled in his oversight function inside the county.In an attempt to monitor and assess the county’s use of public cash and resources, Okiya Omtatah filed a lawsuit and requested orders forcing the governor to grant him access to information and papers.

Omtatah claims that the governor has disregarded at least twelve letters requiring that he turn over the relevant records for an audit, sent to him through members of the County Executive Committee.”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 said in his X account.

Omtatah argued that the governor’s failure to surrender the said documents immensely interfered with his oversight role as the county Senator.The vocal legislator also sued the governor over irregular, unlawful and unconstitutional procurement of the construction of Busia Trailer Park in the Mundika area.

The Orange Democratic Movement (ODM) governor is further accused of irregular and unlawful procurement and distribution of new kiosks in Busia Town.“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 part of the petition.

“The dispute in this matter concerns, on the one hand, the petitioner’s right under the law to access information held by the State, including under Article 35(1)(a) & (3) of the Constitution,” the petition continued.

Paul Otuoma received a threat from Omtatah on November 10, 2018, stating that he had seven days to produce financial records or face legal action.

The senator requested access to copies of the Integrated Financial Management Information Systems (IFMIS) vote books, cash books, and procurements done by the Busia devolved unit from the Financial Year 2016/2017 onwards in a letter addressed to the governor’s office.

A portion of a notice from Omtatah to the governor said, “Please take note that if I do not receive your response this time, I shall 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.”