Omtatah writes to CJ Koome after his entourage was stoned
Busia Senator Okiya Omtatah on Monday penned a letter to Chief Justice Martha Koome to inquire about the status of his petition following a ruling delivered by the Busia High Court on May 31, 2024, in a case against Governor Paul Otuoma and others
Busia Senator Okiya Omtatah on Monday penned a letter to Chief Justice Martha Koome to inquire about the status of his petition following a ruling delivered by the Busia High Court on May 31, 2024, in a case against Governor Paul Otuoma and others.
Omtatah stated that the court confirmed his petition raised substantial questions about the law but it was yet to be acted upon.
“The Court certified that the petition raises substantial questions of law and, following Article 165(4) of the Constitution, ordered the file be placed before Your Ladyship so that you can empanel a bench of an uneven number of judges to hear and determine the motion.
“Unfortunately, to date, I have not received any communication on the same from any quarters. Kindly, therefore, please update me on the current status of the file,” read Omtatah’s letter in part.
Judge W Musyoka had been tasked with determining a motion dated April 15, 2024, that sought the transfer of the matter to the High Court at Milimani as well as referencing the matter to the Chief Justice.
The judge ultimately referred the matter to the Chief Justice to empanel an uneven judge bench to hear the case and also discreetly give directions on the station where the petition would be heard.
Omtatah had cited concerns about his security and safety based on the fact that his entourage had been stoned after a court appearance.
The Senator also claimed that Otuoma had failed to reveal information about some development projects in the county which he believed amounted to either a denial of a right, considering he holds the ultimate power of oversight.
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However, the respondents, including the Governor, said the information being sought had already been availed to the Senate, where Omtatah sits.
“According to the respondents, the petitioner can access that information from the Senate, and there should be no obligation on their part to disclose information to him, either as Member of Senate for Busia, when that information has already been released to the Senate, or as a member of the general Busia public,” read part of the ruling.
To justify his ruling on asking for CJ Koome’s intervention, Judge Musyoka noted that even though the issue revolved around Busia County and one judge could handle the hearing, the ruling would impact how things are done in all 47 counties.
“I concede that these are issues that a single Judge can quite comfortably deal with. However, I do note that they are matters or issues that go beyond Busia County, for whatever decision the court makes on the matter could impact on all the 47 Counties and the Senate of Kenya,” he stated.
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