A case in which Busia Senator Okiya Omtatah has sued Busia Governor Paul Otuoma for failing to disclose information relating to certain projects being undertaken in the county has been referred to the Chief Justice for empanelment of a bench of an uneven number of Judges.

Busia High Court Judge William Musyoka referred the matter to the Chief Justice for the empanelment of a bench saying the petition raises issues that go beyond Busia County and for whatever decision the court makes on the matter could impact on all the 47 Counties and the Senate of Kenya.

The Judge however declined to transfer the matter from Busia High Court saying Busia High Court would be arrogating to itself the mandate to distribute and allocate judicial work, as between High Court stations, which mandate is the exclusive reserve of the Chief Justice.

Omtatah wanted the case transferred to Milimani law court raising the issue of his security and safety, claiming that, at a past court appearance at Busia, his entourage was stoned as he exited the court precincts.

The Governor however countered that those allegations had not been established.

Omtatah in his suit papers claimed that he sought information from the County Government of Busia relating to certain projects in respect of which he, as Senator for Busia County, believes had oversight responsibility.

He argued that the Governor have withheld that information, which he believes amounts to either a denial of a right, or a violation, or an infringement of that right, or there exists a threat to that right.

The Governor in response claimed  the information sought had already been availed to the Senate, where Omtatah sits which amounts to compliance, with the requirement relating to disclosure and access to that information.

According to the respondents, Omtatah  can access that information from the Senate, and there should be no obligation on their part to disclose information to him, either as Member of Senate for Busia, when that information has already been released to the Senate, or as a member of the general Busia public.

The Judge in his ruling noted the petition raised the questions of law that are of general public importance.

He stated that bench that will be formed by chief Justice will address three questions of law that had been framed by Omtatah as; whether the mandate of the Senate to oversight County Governments  is, limited to the corporate mandate of the Chamber or extends to the work done by an individual Senator, exercising his individual oversight mandate, in his electoral unit, using Senate oversight funds, to monitor and evaluate ongoing projects being implemented by the County Government.

Whether, in his official capacity, as a County leader, with obligations and a mandate to represent the people of the County, the individual Senator; has an obligation and mandate, in his personal capacity, to directly oversight the County Government away from the institution of the Senate as a corporate entity; Whether, as the Chief Executive of a County,a County Governor is the officer: responsible for releasing information to the public as the information access officer of the County Executive.