A High Court bench has ruled that Busia Governor Paul Otuoma must release county government records to Senator Okiya Omtatah, reinforcing the constitutional right to access public information.
The three-judge panel—Justices William Musyoka, Jacqueline Kamau, and Alice Bett—partially granted Omtatah's petition after the county government denied his requests for documents related to expenditure, procurement, and infrastructure projects in Busia County.
Senators’ Right to Information Affirmed
While the court reiterated that senators exercise oversight over counties through the Senate institutionally, it emphasized that individual senators retain their rights as citizens to obtain information from public bodies.
The judges noted, "Whether as a citizen or as Senator for Busia County, the Petitioner's right to access information and documents held by the Busia County Government had been infringed and violated."
Details of the Dispute
- Omtatah sought records on county spending, procurement procedures, the Busia Trailer Park construction at Mundika, and the demolition and replacement of kiosks in Busia town.
- The court found these records pertained to matters of public interest and that the county's refusal lacked legal justification under the Access to Information Act.
- The claim that there was no public participation in the kiosk replacement was dismissed due to evidence of consultations presented by the county.
- Issues concerning land allocation for the kiosks were deemed under the jurisdiction of the Environment and Land Court and thus not addressed.
Court Orders and Costs
The Busia County Government was ordered to provide the requested information within 21 days of the ruling. Each party will bear its own legal costs, with the court highlighting that imposing costs in public interest cases may deter constitutional challenges.
