Senator Omtatah Sues Governor Paul Otuoma Over Oversight Row
On Thursday, February 22, Senator Okiya Omtatah from Busia lodged a petition in the High Court against Governor Paul Otuoma of Busia. The senator alleged that the governor had meddled with his supervisory responsibilities within the county.
Okiya Omtatah filed a lawsuit requesting the court to mandate the governor to grant him access to information and records to oversee and assess the utilization of public funds and assets within the county.
Omtatah stated that the governor disregarded a minimum of 12 letters sent to him via the County Executive Committee Members requesting the submission of the mentioned documents for audit.
“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 on his X account.
Omtatah contended that the governor’s refusal to hand over the mentioned documents significantly impeded his ability to fulfill his oversight responsibilities as the county Senator.
The lawmaker filed a lawsuit against the governor regarding the improper, illegal, and unconstitutional acquisition of funds for the construction of the Busia Trailer Park in the Mundika locality.
The ODM governor faces additional allegations of engaging in improper and illegal practices concerning the procurement and distribution of new stalls in Busia Town.
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“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 further read.
Last year, on November 10, Omtatah gave Paul Otuoma a deadline to furnish financial records dating back seven years, warning of potential legal action if he failed to comply.
In a correspondence addressed to the governor’s office, the senator requested copies of the Integrated Financial Management Information Systems (IFMIS) cash books, vote books, and procurement records made by the Busia devolved unit from the Fiscal Year 2016/2017 onwards.
“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.
Senator Omtatah Sues Governor Paul Otuoma Over Oversight Row