Omtatah asks EACC to probe Busia county over Ksh5.2B graft claim
By Aloys Michael, August 28, 2025Busia Senator Okiya Omtatah has written to the Ethics and Anti-Corruption Commission (EACC) demanding immediate criminal investigations into said grand corruption in the devolved unit Executive, citing a forensic review of the county’s 2022/23 books that he commissioned.
In a letter dated August 25, 2025, Omtatah requests that the agency conduct “criminal investigations and action against Busia County officials & others over unaccounted for 5.2 billion shillings.”
Omtatah says the findings arise from analyses of the Auditor-General’s report on Busia County Executive’s financial statements for the year ended June 30, 2023, alongside other documents examined for the period.
“The report uncovers systemic fraud. The use of duplicate Integrated Financial Management Information System (IFMIS) account codes, unauthorised expenditures, and inflated budgets by Kshs 1.4 billion without legal justification, among other irregularities that point to deliberate misappropriation and embezzlement of taxpayer money,” the letter read, posted on his X account on Thursday, August 28, 2025.
“I trust that your office will act decisively to ensure the perpetrators face the full force of the law. The residents of Busia and Kenyans at large deserve justice and assurance that such egregious misuse of public resources will not go unpunished.”
According to the letter, county officials failed to prepare and submit individual financial statements for each ministry and department.
“In violation of Article 226 of the Constitution and the Public Finance Management Act. As a consequence, the County Executive Committee Member for Finance and Planning allegedly filed consolidated accounts that were not supported by departmental statements, thereby concealing accountability gaps. This irregular process has left approximately Kshs 5.2 billion of public funds unaccounted for,” Omatatah stated in the letter.
Call for accountability
The Senator characterises the conduct as gross financial mismanagement and possible criminal offences under the Penal Code, the Anti-Corruption and Economic Crimes Act, and other applicable laws, warning that it undermines service delivery and constitutional principles.
“The blatant looting of taxpayer money demands immediate action because it undermines service delivery and constitutes a serious violation of the law,” he said.
Omtatah tells the EACC that key officials in the county government under Governor Paul Otuoma have publicly rubbished the report yet failed to meaningfully rebut its contents.
“The implicated officials have dismissed the report as fabricated but have failed to provide substantive rebuttals or initiate legal action to clear their names, further raising reasonable suspicions of culpability,” he stated.
He urged the commission to deploy its full powers, including summoning senior county officials and national oversight offices.
“Initiate immediate credible criminal investigations into the matter, including summoning for questioning the relevant county officials, the Controller of Budget and the Auditor-General, seizing all pertinent financial records, and conducting thorough lifestyle audits to identify illegally acquired property,” the letter reads in a part.
He further pressed for prosecutions where evidence warrants it, ensuring that no one is shielded by political or other affiliations and for recovery of any lost funds with deterrent sanctions.
“Ensure that all public funds unlawfully applied or lost are recovered and impose appropriate penalties to deter future occurrences of such corruption,” the letter reads.