• Rights defender studied Philosophy and Theology; successes include the case on the 16 per cent fuel tax, which the government was forced to cut to eight per cent.
• He says he pays to file cases with his own money earned from his trucking business, has friends who donate to him Sh20,000 every month.
Image: FILE
For years since the Constitution was promulgated in 2010, activist Okiya Omtatah has been featured in court proceedings, many a time arguing his cases.
In an instance, one can easily mistake him for an advocate representing a client on matters before a judge – of course, many have.
But the Teso South-born human rights crusader and playwright has never been to a law school, let alone attending part-time classes on the same.
Omtatah studied Philosophy and Theology at St Augustine Philosophical School, Mabanga, having declined a Bachelor of Commerce at the University of Nairobi.
Regardless of the informality, the books of Kenyan history will most certainly record him as an individual who has solely saved citizens from abuses meted by state authorities.
In his wake are successes, just to name a few, in stopping the government from snooping into people’s private phone calls.
Omtatah also saved Kenyans from an excruciating 16 per cent fuel tax, which the government was forced to cut to eight per cent.
He also secured orders that stopped MPs from earning Sh700 million in backdated house allowances and has also helped recover grabbed public lands.
In a tell-it-all exclusive interview with the Star, the activist revealed that he was forced to learn the tricks after realising it would be expensive to retain lawyers.
“I draft, file and argue my cases alone. I don’t have money to hire lawyers. I squeeze my time and prepare my pleadings,” he said.
Omtatah says his debut in the corridors of justice followed a push by lawyer Kibe Mungai, whom he said discouraged him from petitioning Parliament.
The lawyer called him after a TV debate with former Machakos Senator Johnstone Muthama.
During the show, he sought to write to Parliament to stop a bid by MPs to increase their perks.
“I wanted to write to Parliament to show that the Act was illegal. But I got a call from Kibe Mungai, who warned me that Parliament would not listen to me.”
Mungai would later promise pro-bono services where they filed a case to challenge the Act and successfully denied MPs the leeway to determine their pay.
Lawyers Charles Kanjama, Ishmael Nyaribo, Paul Muite and Kioko Kilukumi are among the legal top brasses that have weaned Omtatah.
The litigant says as time went on, he used to disagree with the lawyers on some elements of the pleadings and he could amend them.
“I then realised I could do these pleadings on my own. But sometimes when I have a question, I can ask Muite or call Mungai and Kilukumi to ask for their positions."
There have been questions about the sources of funds that Omtatah uses to run his cases, with some hands pointing to parties aggrieved by a decision.
But the playwright argues that he gets most cases at his own volition and spends his hard-earned cash on them.
It costs about Sh20,000 to file a case at the High Court, money the activist says he sources from his trucking business.
“On average, every case I file costs me about Sh50,000. In a year, I put about Sh1 million or so in litigating these matters,” he said.
Omtatah says apart from the trucking business, he also earns from book sales and from some seven friends who each donate to him Sh20,000 per month.
“These are individuals who believe in my cause… The business I am in gives me free time, which I spend on pursuing matters to do with the rule of law.”
On tips, the litigant says newspapers remain his greatest source of cases to pursue, with the Constitution being the yardstick for identifying actionable issues.
“I like reading the Constitution and when I am convinced of a position, I put it to the test and that is how some of my cases come up,” he said.
Government officers have also helped him with cases, most of whom approach him in strict confidence.
“There are situations where the government doesn't really come but people in the system come to me. There are people who are concerned the government will be messed up,” he said.
Edited by R Wamochie