A fierce war of words has erupted between Busia Governor Paul Otuoma and Senator Okiya Omtatah over a controversial audit report alleging the misappropriation of Sh5.2 billion during the 2022/2023 financial year.
The audit, commissioned by Senator Omtatah through an independent accounting firm, paints a damning picture of the county's financial management, alleging widespread procurement irregularities, ghost projects, and a deliberate looting scheme under the watch of Governor Otuoma.
But in a response, Governor Otuoma, through his press unit, dismissed the report as “fabricated, baseless, and politically motivated,” insisting that the Senator lacks the constitutional authority to audit county accounts and vowing to take legal redress if the Senator does not make a public apology and withdraw his allegations.
“A Senator cannot, and does not, have the mandate to singly audit County accounts,” read part of a press statement signed by Oscar Kwena Obonyo, Director of the Governor’s Press Unit.
“The Auditor General is the only institution mandated to audit and report on the use of public resources as per Article 229 of the Constitution.”
The County accused Senator Omtatah of engaging in political theatrics aimed at reviving a faltering political trajectory, and warned that failure to retract the report and issue a public apology could result in legal action, including defamation proceedings.
Unbowed by the threats, Senator Omtatah has dared the County Government to sue him, saying the report is factual, thorough, and backed by evidence.
“I challenge them to stop thumping their chests and move to court. The facts speak for themselves,” said Omtatah in a fiery response posted on his X (formerly Twitter) account.
He accused the county of hiding behind constitutional technicalities to avoid accountability, urging them instead to release all source documents related to expenditures.
“If they have nothing to hide, let them be transparent and accountable by releasing the source documents to the public,” he added.
In a separate response to Governor Otuoma through a statement dated July 28 and signed by Busia County Oversight Manager Samuel Babu, the Senate Oversight Office defended Omtatah’s actions, saying they fall within his constitutional duty of ensuring transparency and protecting public resources.
The Senator cited Article 96 of the Constitution, which empowers senators to exercise oversight over national revenue allocated to county governments.
“The suggestion that a Senator cannot scrutinize or publicize findings related to misuse of public resources is not only false but a direct affront to the principle of public participation and transparency,” the statement said.
The Senate Office further accused the County Government of stonewalling efforts to access key financial records, including project implementation reports and budget documents.
“How can they claim transparency while blocking access to budget reports and ignoring over 25 formal letters from the Senator seeking clarification?” the oversight office posed.
At the heart of the standoff is a constitutional debate over the limits of a senator’s oversight mandate.
While Article 229 vests formal audit powers in the Office of the Auditor-General, Article 96(1) and (3) grant senators the authority to represent counties and exercise oversight over funds allocated to them.
Omtatah argues that his initiative does not substitute formal audits but serves as a whistleblower-driven mechanism to flag suspected mismanagement for formal investigation.
“This is a call to action for deeper scrutiny, not a final verdict,” he said.
Senator Omtatah has since urged his colleagues across the country to follow suit and initiate similar forensic audits in their counties, stating that traditional accountability mechanisms are insufficient.
“Kenyans deserve more than passive oversight. We must be proactive in protecting public funds,” he said.
