A fresh petition has been filed at the High Court seeking declarations that Governor Fernandes Barasa violated constitutional principles of transparency, accountability and leadership integrity over his handling of an alleged KSh450 million extortion claim.
The case was filed by Kakamega resident Stephen Otieno, who says he moved to court in the public interest under Articles 3, 22 and 258 of the Constitution.
According to court documents, the petitioner argues that Governor Barasa previously initiated criminal proceedings at the Kibera Law Courts claiming that several individuals had conspired to extort KSh450 million from him. The petition references Criminal Case No. E988 of 2024 involving Rashid Echesa Mohammed and Joseph Lendrix Waswa, as well as Criminal Case No. E731 of 2024 against William Simiyu Matere.
However, the petitioner claims that despite making the allegations, the governor allegedly failed to provide bank statements, tax compliance records or other financial documents to prove the existence or lawful source of the alleged funds.
Court papers further state that recent media reports indicated the governor allegedly sought to withdraw the criminal proceedings under Section 87(a) of the Criminal Procedure Code after pressure mounted for disclosure of financial records.
The petitioner now argues that the withdrawal was allegedly intended to shield the matter from public scrutiny and avoid disclosure of financial information linked to the alleged KSh450 million.
“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.
The suit claims the alleged failure to provide supporting financial records violates Articles 10, 73 and 75 of the Constitution together with provisions of the Leadership and Integrity Act, Access to Information Act and County Governments Act.
Among the orders sought, the petitioner wants the court to declare that Governor Barasa’s alleged failure to disclose financial records breaches constitutional principles on transparency and public finance management.
The petitioner is also seeking declarations that the alleged withdrawal of the criminal cases was done in bad faith to evade scrutiny and that withholding the records violated citizens’ rights to access information and participate in public oversight.
He has further asked the court to find the governor unfit to continue holding public office under Chapter Six of the Constitution and to order him to personally bear the costs of the case.
