Busia Senator Okiya Omtatah on Thursday, February 22, filed a petition against Busia Governor Paul Otuoma at the High Court accusing the governor of interfering with his oversight role in the county.
Okiya Omtatah moved to court 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.
According to Omtatah, the governor had ignored at least 12 letters written to him through the County Executive Committee Members demanding him to submit the said 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 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 further read.
On November 10, last year, Omtatah issued an ultimatum to Paul Otuoma to provide financial documents for the past seven years or risk a legal suit.
In a letter directed to the office of the governor, the senator demanded access to copies of the Integrated Financial Management Information Systems (IFMIS) cash books, vote books, and procurements made by the Busia devolved unit from the Financial Year 2016/2017 to date.
“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.
