Busia senator Okiya Omtatah has dared Busia County Government to sue him over an audit report alleging the loss of Sh5.2 billion in the 2022/2023 financial year.
The senator, who commissioned the forensic audit, said the report is “very detailed” and contains sufficient evidence to support his allegations.
“I challenge them to stop thumping their chests and move to court. The facts speak for themselves,” Omtatah declared.
“If they have nothing to hide, let them be transparent and accountable by releasing the source documents to the public.”
The report alleges massive financial mismanagement and what Omtatah describes as a “deliberate and orchestrated looting scheme.”
In a fiery response to criticism from county officials, Omtatah asserted: “I stand by every word I have uttered regarding the fraud audit report. The Busia County Executive cannot account for Sh5.2 billion.”
The County Government of Busia has dismissed Omtatah’s report, calling it legally flawed, institutionally illegitimate, and politically motivated.
It insists the senator has no legal authority to audit county finances and is overstepping his constitutional role.
“His actions are not only irresponsible but also a deliberate attempt to malign the integrity of Governor Paul Otuoma and tarnish the image of the county government,” the county said in an official statement.
Citing Article 229 of the Constitution, county officials emphasised that only the Auditor General has the legal mandate to audit public institutions.
“All relevant documentation regarding expenditure has been submitted to the Auditor General, who has consistently reported findings to the Senate in accordance with the law,” the county said.
They have demanded a public apology and an immediate withdrawal of the audit report, threatening to sue the senator for defamation if he does not comply.
While the Constitution does not empower individual senators to conduct formal audits, Omtatah maintains that his oversight mandate extends beyond passively accepting reports from the Auditor General.
Omtatah has also urged fellow senators to commission similar forensic audits in their respective devolved units, in a push for financial accountability beyond the traditional mechanisms.
