The Busia County Government has rejected an audit report commissioned by area Senator Okiya Omtatah, which alleged the loss of Sh5.2 billion in public funds.
In a statement, the county described the report as legally flawed and lacking institutional legitimacy.
It argued that Senator Omtatah does not have the constitutional authority to audit county finances.
“A senator cannot, and does not, have the mandate to singly audit county accounts,” the statement read.
Citing Article 229 of the Constitution, the county maintained that the Auditor General is the only body mandated to audit and report on the use of public resources in public entities.
The county noted that all expenditure records had been submitted to the Auditor General, whose reports are forwarded to the Senate as required by law.
It further stated that the Senate’s role, under Article 96 of the Constitution, is to represent and protect the interests of counties—not to carry out or commission independent audits.
The county also questioned the intent behind the report, saying it portrayed the County Government of Busia and Governor Paul Otuoma in a negative light.
The administration has demanded a retraction of the report and a public apology from the senator. It said failure to do so may lead to legal action.
Senator Omtatah, however, stood by the findings and urged his colleagues to commission similar audits in their counties.
On Saturday, July 26, Omtatah shared excerpts of the report on his X (formerly Twitter) account, claiming the audit had revealed significant financial irregularities in Busia County’s 2022/23 budget.
The report, conducted by an independent accounting firm at the senator’s request, alleges the misappropriation of funds meant for development projects, including infrastructure and healthcare.
