Busia Senator Okiya Omtatah was on Wednesday forced to defend himself, going to the extent of quoting the constitution after one of his constituents accused him of being too preoccupied with national politics which he claimed has led to him abandoning his local duties.
In a statement, an online user claimed that Omtatah has not been putting Governor Paul Otuoma on check, which he alleged had led to the collapse of service delivery within the devolved unit, an account which the lawmaker disputed.
"Today, I want to call out Okiya Omtatah! While I appreciate his national litigation prowess, the guy was elected by Busia folks to keep Otuoma in check, a role he has failed in Spectacularly !" The online user remarked in a statement.
"Health systems have completely collapsed in that county, yet I have not heard him speak up!" He reiterated.
While defending himself, Omtatah outlined the roles of a Senator by quoting the constitution, which outlines that they have a duty to defend both national and county interests.
"The Senate's overall function is to protect the interests of the counties and their governments. Article 96 of the Constitution provides that the Senate has a role in Law-making: Determining the allocation of national revenue among counties as per Article 217 of the Constitution and overseeing national revenue allocated to county governments," He quoted.
He quoted the Constitution further as "Considering and determining any resolution to impeach the President and Deputy President as per the provisions of Article 145 and 150(2) of the Constitution."
Several Kenyans online seemed to agree with Omtatah in his response, even praising him for his continued role in litigating matters of public interest.
Earlier, Omtatah had highlighted the role of Members of County Assembly (MCAs) in devolution.
"Members of the County Assembly (MCAs) are a key component of the county governments and sustain the counties' existence through legislation, representation, and oversight. This role restricts itself to the authority granted by the law," Omtatah observed.
The Senator has become a national cult hero for being a litigious activist. Even before he was elected Senator, Omtatah rose to national prominence for opposing oppresive government policies in court.
Recently, the Senator toppled the Housing Levy in court. It was through his case that the court declared the levy unconstitutional.
The tax was one of the provisions of the controversial Finance Bill, 2023 which Omtatah has vowed to crush in totality.
In 2014, Activist Okiya Omtatah was arrested at Milimani Law Courts for possessing confidential government documents that he had allegedly presented in court to argue out a petition on the Standard Gauge Railway.