The Busia County Government has dismissed an audit report commissioned by area Senator Okiya Omtatah, which alleged the misappropriation of Ksh5.2 billion in public funds. In a strongly worded statement released on Sunday, July 27, county officials denounced the report as unconstitutional, legally flawed, and lacking the authority of any state auditing body.
The report, made public by Senator Omtatah via his X (formerly Twitter) account on Saturday, July 26, accuses the county of massive financial irregularities during the 2022/2023 financial year. According to the document, the alleged mismanagement spans across critical sectors such as infrastructure, healthcare, and education—sectors that are central to the county’s development goals.
County Government Fires Back
In response, Busia County categorically rejected the report, arguing that the senator had overstepped his constitutional mandate.
“A senator cannot, and does not, have the mandate to singly audit county accounts,” read the county’s statement. “The report is legally void and lacks institutional legitimacy.”
Citing Article 229 of the Constitution, the county asserted that the Auditor-General is the only constitutionally recognized body with the authority to audit public institutions, including county governments. Furthermore, the statement emphasized that all financial statements and expenditure reports for the period in question had been duly submitted to the Office of the Auditor-General, which in turn submits the official audit reports to the Senate.
Senate’s Role Clarified
The county government also invoked Article 96 of the Constitution, which outlines the Senate’s role as one of protecting county interests and participating in the oversight of national revenue allocated to counties—not commissioning independent audits.
“The Senate has no authority to commission private audits,” the county stated. “This attempt amounts to a misuse of legislative influence for purposes that may be politically or personally motivated.”
Intent Questioned
The Busia County Government went further to question the intent behind the release of the audit report, saying it appeared to be designed to tarnish the reputation of the county administration and Governor Dr. Paul Otuoma.
“This report appears to be a political tool meant to mislead the public and create mistrust in the county’s leadership,” the statement continued. “The timing and content suggest a deliberate attempt to damage the image of Busia County.”
The county administration has demanded a full retraction of the report from Senator Omtatah and a public apology. It also warned that legal action may be taken should the senator fail to comply.
Omtatah Defends the Report
Despite mounting pressure, Senator Omtatah has stood by the findings of the audit, claiming that the revelations point to deep-rooted corruption and lack of financial discipline within the Busia County Government.
“The people of Busia deserve to know how their money is being used,” said Omtatah in a statement on X. “This audit exposes the rot that needs to be addressed if we are to move forward as a county.”
The report was conducted by a private accounting firm at the senator’s request, which he claims followed due process to examine the county’s budget execution and project implementation.
Omtatah has also encouraged other senators to commission similar audits in their respective counties to enhance transparency and hold governors accountable.
Legal and Political Implications
The clash between the county government and the senator has sparked a wider debate about the scope of senatorial oversight, particularly in matters of financial accountability at the county level. Legal experts are divided, with some arguing that while senators can question how funds are used, they do not have the authority to initiate independent audits.
If Busia County proceeds with legal action, the case could set a precedent for how far elected leaders can go in auditing public expenditure outside of constitutionally established institutions like the Office of the Auditor-General and the Controller of Budget.
Public Reactions Mixed
Public reaction to the controversy has been mixed. Supporters of Senator Omtatah have praised his efforts to push for accountability, citing his long-standing reputation as a public watchdog and anti-corruption crusader. Others, however, believe that his approach may be unprocedural and risks politicizing the auditing process.
On the streets of Busia town, residents voiced concern over the claims but also urged both leaders to work collaboratively rather than engage in public confrontations.
“We want transparency, yes, but we also want unity and solutions, not political wars,” said Mercy Atieno, a local trader.
What’s Next?
As the standoff continues, attention now turns to the Auditor-General’s official report, which is expected to shed more light on Busia County’s financial management. Meanwhile, Governor Otuoma’s administration remains adamant that it has followed the law and submitted all necessary documentation.
Should legal proceedings begin, this case could have broader implications for the checks and balances within Kenya’s devolved system of governance, especially regarding the relationship between senators and county governments.