Busia Senator Okiya Omtatah has gagged Busia Governor Paul Otuoma in a bold move to halt the illegal diversion of KES 200 million intended for development projects in the county.
In a letter dated April 23, 2025, addressed to Governor Otuoma and the County Executive Committee Member, Mr. Peter Khasamule Odima, Omtatah demanded an immediate stop to the fraudulent attempt by the county government to purchase public land at an inflated price.
The dispute centers around the Amoni Market land in Malaba Town, which the County Government of Busia planned to buy for KES 200 million.
However, Omtatah claims that the the actual value of the land was only KES 20 million.
In the letter, which was also sent to several high-ranking officials including the President of Kenya, the Ethics and Anti-Corruption Commission (EACC), and the Auditor-General, highlights the fraudulent issuance of title deeds for the land.
The land, initially purchased in 1990 by the Busia County Council from the estate of the late Ogalu Orima Ogalo for KES 130,000, had been earmarked for public development, including the construction of a modern market.
The County Government had even registered a caution over the land in 1993 to protect its interest.
However, despite these legal protections, it appears that certain individuals within the Busia County Government colluded to issue fraudulent title deeds to proxy landholders. Omtatah claims these actions constitute conspiracy, abuse of office, and theft of public resources, all of which warrant criminal investigation and prosecution.
The issue escalated when the administrators of Ogalo’s estate, Joseph Ouma Ogalo and Elizabeth Mulanda Omondi, filed a lawsuit in 2019, claiming that the county government had illegally occupied the land and that it was worth KES 35 million.
The court ruling in favor of the administrators forced the county to vacate the land and pay mesne profits, despite the county’s legal possession and development plans.
Omtatah, armed with extensive research and crucial evidence, has criticized the county’s failure to defend its rights in court. He pointed out that vital documents and witnesses were not presented, leading to an unfair ruling.
In light of this, Omtatah has vowed to take the matter to the Environment and Land Court, seeking to quash the flawed judgment and protect the land for its intended purpose of public development.
