Fresh legal pressure is mounting on Kakamega Governor Fernandes Barasa after a resident moved to the High Court seeking declarations that the governor violated constitutional principles of accountability and transparency over an alleged KSh450 million extortion case.
The petition, filed by Kakamega resident Stephen Otieno, raises questions about the handling of a criminal complaint in which Governor Barasa claimed he was being extorted for hundreds of millions of shillings.
At the centre of the case is whether the governor provided sufficient evidence to support the existence and lawful source of the money in question.
According to court filings, Otieno says he brought the matter before the court in the public interest under Articles 3, 22 and 258 of the Constitution. He argues that the issue goes beyond an individual dispute and touches on public confidence in leadership and integrity within county government.
The petition references criminal proceedings previously filed at the Kibera Law Courts. In those cases, several individuals, including former Sports Cabinet Secretary Rashid Echesa, were accused of conspiring to extort KSh450 million from the governor.
But the petitioner claims the governor did not publicly provide supporting financial documents such as bank statements, tax records or other evidence to verify the funds.
Otieno further alleges that attempts were later made to withdraw parts of the criminal proceedings under Section 87(a) of the Criminal Procedure Code after public scrutiny intensified.
In the court documents, the petitioner argues that the withdrawal appeared aimed at avoiding further examination of the financial claims.
“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,” the filings state.
The petition asks the court to determine whether the alleged lack of disclosure breaches constitutional provisions on leadership, integrity and access to information.
It also seeks declarations that withholding financial records undermines public oversight and accountability in government.
Among the orders sought is a finding that the governor’s conduct falls short of the standards expected under Chapter Six of the Constitution, which deals with leadership and integrity.
Governor Barasa has not publicly responded in court to the latest petition at the time of publication.
The case now adds another layer to an already sensitive matter that has attracted national attention because of the amount involved and the questions surrounding how public officials handle allegations tied to large sums of money.
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