The Busia County Government has strongly rejected a recent audit report commissioned by area Senator Okiya Omtatah, which alleges the misappropriation of Sh5.2 billion in public funds. The county has dismissed the report as “legally flawed” and lacking any institutional legitimacy.
In an official statement, the county government asserted that Senator Omtatah has no constitutional authority to audit county finances. Quoting Article 229 of the Constitution, the county reminded the public that the mandate to audit public entities solely lies with the Office of the Auditor General.
“A senator cannot, and does not, have the mandate to singly audit county accounts,” the statement read, emphasizing that all financial records for the 2022/2023 fiscal year had been submitted to the Auditor General, in line with constitutional requirements.
The county further underscored the Senate’s role as defined in Article 96 of the Constitution to represent and protect the interests of counties not to commission independent audits. It argued that Omtatah’s actions overstepped his legislative mandate and questioned the motive behind the audit, which it claimed unfairly cast the county administration and Governor Paul Otuoma in a negative light.
The county administration has called for an immediate retraction of the report and a public apology from Senator Omtatah, warning that failure to comply could lead to legal action.
However, Senator Omtatah has remained defiant, standing by the findings of the independent audit. On Saturday, July 26, he posted excerpts of the report on his X (formerly Twitter) account, claiming it revealed widespread financial irregularities, particularly in development sectors such as infrastructure and healthcare.
Omtatah urged fellow senators to commission similar audits in their respective counties to uncover potential misuse of public funds.
The report, which was prepared by an independent accounting firm at the senator’s request, alleges that large sums allocated for key development projects were either misused or unaccounted for.
As tensions rise between the legislative and executive arms in Busia, the legitimacy and impact of such independent audits remain a contentious topic in Kenya’s governance discourse.
