NAIROBI, Kenya — Governors will no longer be able to deflect blame for questionable county procurement deals after the High Court ruled that they bear ultimate responsibility for all purchases and tenders carried out under their watch.
A three-judge bench comprising Justices Jacqueline Kamau, William Musyoka, and Alice Bett declared that county chiefs are accountable for procurement processes as outlined in the Public Procurement and Asset Disposal (PPAD) Act.
The court noted that governors oversee County Executive Committee (CEC) members in charge of finance, making them directly answerable for compliance with procurement laws.
“The answer to the question as to whether the first respondent (Otuoma) was primarily responsible for ensuring that the county executive complied with the PPAD Act was in the affirmative,” the judges ruled, adding that governors must ensure financial resources are managed “effectively and efficiently.”
The ruling arose from a petition filed in April 2024 by Busia Senator Okiya Omtatah against Governor Paul Otuoma over the Busia Trailer Park project at Mundika and the allocation of new market stalls.
Omtatah had sought procurement and design records, arguing that transparency was crucial for public accountability.
Governor Otuoma resisted, insisting that some records could only be accessed through the Senate Public Accounts Committee and claiming exemptions under procurement and access-to-information laws.
The court dismissed this argument, affirming that all citizens have a constitutional right to information, except in cases involving national security, judicial independence, personal safety, or sensitive commercial data.
“The information, as sought by the petitioner, was for the benefit and protection of the public,” the bench stated. “The issue of the purpose for which he was seeking the information would be neither here nor there.”
The judges further ruled that governors are the official “access to information officers” in their counties, though they may delegate the function to other officers.
The court also strengthened the Senate’s oversight role by underscoring that senators are entitled to county records promptly and at no cost.
The judgment effectively tightens accountability measures for governors, limiting their ability to distance themselves from procurement irregularities and reinforcing the Senate’s watchdog mandate over devolved finances.
