NAIROBI, Kenya — A new petition has been filed at the High Court challenging Kakamega Governor Fernandes Barasa over alleged violations of constitutional principles of transparency, accountability, and leadership integrity linked to a disputed Sh450 million extortion claim.
The case has been brought by Kakamega resident Stephen Otieno, who argues that the governor failed to disclose financial records that would verify the source and legitimacy of the alleged funds.
Petitioner Raises Transparency Concerns
In court filings, the petitioner claims that Governor Barasa previously initiated criminal proceedings at the Kibera Law Courts, alleging that several individuals conspired to extort him of Sh450 million.
The petition references Criminal Case No. E988 of 2024 involving Rashid Echesa Mohammed and Joseph Lendrix Waswa, and Criminal Case No. E731 of 2024 against William Simiyu Matere.
However, Otieno argues that despite making the allegations, the governor has not provided bank statements, tax compliance records, or other financial documentation to support the existence or lawful source of the money in question.
Claims Over Withdrawal of Criminal Cases
Court documents further indicate that the governor allegedly sought to withdraw the criminal cases under Section 87(a) of the Criminal Procedure Code after pressure mounted for disclosure of financial records.
The petitioner contends that the withdrawal was intended to shield the matter from public scrutiny and avoid further examination of the alleged Sh450 million financial trail.
“As a taxpayer and resident of Kakamega County, the petitioner is apprehensive that unresolved questions involving hundreds of millions of shillings and the absence of a verifiable financial trail raise serious public interest concerns on accountability and the integrity of county leadership,” the petition states.
Alleged Breach of Constitutional Principles
The petition argues that the governor’s actions violate several constitutional provisions, including Articles 10, 73, and 75, as well as the Leadership and Integrity Act, Access to Information Act, and County Governments Act.
The petitioner is seeking court declarations that the alleged failure to disclose financial records breaches principles of transparency and public finance accountability.
He further wants the court to determine that the withdrawal of the criminal cases was done in bad faith to evade scrutiny and that withholding the records violated citizens’ right to access information.
Orders Sought Against Governor
Among the reliefs sought, Otieno is asking the court to declare Governor Barasa unfit to hold public office under Chapter Six of the Constitution.
He also wants the court to order that the governor personally bear the costs of the case.
