Dispute between Busia Governor and Omtatah over suspicions of a Sh5.2 billion audit report
Senator Omtatah's Audit of Busia County Finances Sparks Debate
A heated debate over the limits of a senator's oversight powers has arisen in Kenya, following Senator Okiya Omtatah's commissioning of an audit report alleging misappropriation of Sh5.2 billion during the 2022/2023 financial year in Busia County.
The Governor's press unit insists that Senator Omtatah lacks the constitutional authority to audit county accounts, a claim that the Senate Oversight Office has disputed. The office defends Senator Omtatah's actions, stating they fall within his constitutional duty of ensuring transparency and protecting public resources, citing Article 96 of the Constitution, which empowers senators to exercise oversight over national revenue allocated to county governments.
However, the Auditor General is the only institution mandated to audit and report on the use of public resources, as per Article 229 of the Constitution. The case of Senator Omtatah vs. Governor Paul Otuoma confirmed this constitutional limitation in practice, with Busia county rejecting the senator’s audit findings on grounds of lack of mandate.
Senator Omtatah argues that his initiative does not substitute formal audits but serves as a whistleblower-driven mechanism to flag suspected mismanagement for formal investigation. He has dared the County Government to sue him over the report, stating that it is factual, thorough, and backed by evidence.
The Senate Office has posed a question about the County Government's transparency, given their alleged refusal to provide budget reports and ignore formal letters from Senator Omtatah. The County Government has threatened legal action, including defamation proceedings, if Senator Omtatah does not retract the report and issue a public apology.
Senator Omtatah has accused the county of hiding behind constitutional technicalities to avoid accountability and has urged them to release all source documents related to expenditures. He has also called on his colleagues across the country to initiate similar forensic audits in their counties, stating that traditional accountability mechanisms are insufficient.
The recent reports and reforms in Kenya aimed at enhancing county financial accountability, such as the Treasury Single Account (TSA) and calls for legal reforms to clarify powers and improve bank account oversight, further illustrate that oversight is institutional, not vested in single senators. Senators do engage in oversight through committees and policy advocacy but must operate within these institutional frameworks.
In summary, while senators have the power to represent counties and exercise oversight over funds allocated to them, they do not have constitutional authority to audit county accounts independently. Auditing is officially the responsibility of the Auditor-General and other oversight bodies. Senators can highlight and report concerns but must rely on formal institutional processes for auditing and sanctioning.
- Following the dispute over Senator Omtatah's audit of Busia County finances, a call for policy-and-legislation reforms to clarify senators' oversight powers has emerged, as a Senate Office initiative to conduct more forensic audits in other counties highlights the need for improved bank account oversight.
- The ongoing debate, sparked by Senator Omtatah's audit of Busia County Finances, has emphasized the crucial role of general-news media in reporting on issues of health and crime-and-justice, as the county's refusal to provide budget reports and ignore formal letters has raised concerns about their transparency and accountability.
- Despite the Auditor General being the only institution mandated to audit and report on the use of public resources, as per Article 229 of the Constitution, Senator Omtatah's epaper report and advocacy efforts have shed light on suspected mismanagement in Busia County, thereby serving as a whistleblower-driven mechanism to spur formal investigation.
