Omtatah Takes CS Joho to Court Over Multi-Million Fish Project Scandal
Busia Senator Okiya Omtatah has taken legal action against Hassan Joho, the Cabinet Secretary for Mining and Blue Economy, challenging the re-advertisement of a multi-million fish project. Omtatah argues that the construction of this project, which he claims is already complete, should not be subject to new procurement processes.
In a High Court petition filed in Mombasa, Omtatah seeks a ruling that the Liwatoni Fresh and Frozen Fish Processing Plant, which he asserts has already been launched and tested, should not be open for new procurement or contract awards.
Omtatah’s legal action targets not only CS Joho but also Principal Secretaries from the Blue Economy, Fisheries, and Public Works departments, as well as the CEO of Kenya Fishing Industries Corporation and Attorney-General Dorcas Oduor. He accuses them of conspiring to misappropriate taxpayer funds through the advertisement of a project that he believes is already completed.
The Senator maintains that the project is fully operational and ready for use.
He further requests a court order for the Liwatoni Fisheries Complex to be leased, operationalized, commercialized, and managed, instead of going through additional procurement processes.
According to Omtatah, the plant was officially launched by former President Uhuru Kenyatta on August 6, 2022, and underwent a test run, marking the completion of that part of the project.
Omtatah also points out that President William Ruto visited the plant in February of the previous year and was shown around the facility.
On February 13, Omtatah notes, the Blue Economy Principal Secretary issued a tender inviting bids for leasing, operationalizing, commercializing, and managing the Liwatoni Fisheries Complex.
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The petition highlights that the Blue Economy PS described the project as being capable of providing fish storage and processing services while tapping into growing local and global markets.
Omtatah argues that the decision to advertise the complex for leasing, operation, and management indicated that the facility was ready for use. He claims that in March, another advertisement was made for the project’s completion even though the facility had already been launched and tested.
He accuses the Blue Economy PS of continuing a deceptive scheme by re-advertising the project under a new tender number, MMBE&MA/SDBE&F/31/2023-2024.
Omtatah alleges that on August 19, Joho announced the appointment of a new contractor for the plant, which he suspects is part of a scheme to deceive the public and embezzle significant funds, violating constitutional principles of law and transparency.
He seeks a declaration that the new tender, MMBE&MA/SDBE&F/31/2023-2024, is fraudulent, unconstitutional, and void from the outset. Additionally, Omtatah wants the court to annul the tender and order the respondents to reimburse any funds spent on it.
Omtatah also requests a temporary injunction to prevent the awarding of contracts under the contested tender and to stop the transfer of the plant to a new contractor until the petition is resolved.
Finally, he seeks an interim order compelling the PS Blue Economy to provide information related to four tenders associated with the project, as guaranteed under Article 35 of the constitution.
Omtatah Takes CS Joho to Court Over Multi-Million Fish Project Scandal