By The Weekly Vision Political Desk
In a significant ruling delivered on 27th July 2026, the High Court sitting at Vihiga found in favour of Busia Senator Okiya Omtatah Okoiti in his case against Busia Governor Paul Nyongesa Otuoma and the Busia County Government, reinforcing the right of elected representatives and citizens to access public information.
The court affirmed that senators and Members of County Assemblies (MCAs) are entitled to unrestricted and prompt access to county government documents and information, in line with their constitutional oversight mandate. It further held that a senator’s individual right to information under Article 35 of the Constitution is not extinguished by virtue of holding public office; rather, it exists independently, alongside, and not subordinate to, their oversight responsibilities.
The judgment found that the county government’s failure to respond to Senator Omtatah’s 15 formal requests for information, made between June 2023 and January 2024, violated multiple constitutional provisions. These included Article 35 on access to information and Article 10 on the national values of transparency, accountability and the rule of law, as well as Articles 1, 2, 3, 19–24, 73, 75, 96, 174–175, 179, 201, 227, 232 and 259.
The court also found the refusal breached several statutes, among them the Access to Information Act, the Fair Administrative Action Act, the Leadership and Integrity Act, the Public Officer Ethics Act, the County Governments Act and the Public Finance Management Act, together with Kenya’s obligations under international instruments, including Article 19 of the ICCPR, Article 19 of the UDHR and Article 9 of the African Charter on Human and Peoples’ Rights.
In its orders, the court issued a mandamus compelling the respondents to produce all requested information and documents within 21 days of the judgment. No order as to costs was made, with the court citing the public-interest nature of the litigation and the need to avoid deterring future accountability suits.
Senator Omtatah welcomed the decision as a victory for constitutional governance, transparency and the people of Busia, emphasising that no public office is above the law. The ruling is expected to strengthen oversight mechanisms and set a precedent for greater openness in county administrations across Kenya.
