NAIROBI, Kenya May 26 – A petition has been filed at the High Court challenging the conduct of Fernandes Barasa over an alleged Sh450 million extortion claim, with the petitioner seeking declarations that the governor violated constitutional principles on transparency, accountability and leadership integrity.
In the petition, Kakamega County resident Stephen Otieno says he moved to court in the public interest under Articles 3, 22 and 258 of the Constitution, citing growing concerns over the governor’s handling of a criminal complaint in which he allegedly claimed he was being extorted Sh450 million.
According to court documents, the petitioner says he learnt through media reports and public court records that Governor Barasa had initiated criminal proceedings at the Chief Magistrate’s Court at Kibera Law Courts in Criminal Case No. E988 of 2024, Republic versus Rashid Echesa Mohammed and Joseph Lendrix Waswa, and Criminal Case No. E731 of 2024, Republic versus William Simiyu Matere.
The governor is said to have alleged in the proceedings that the accused persons conspired to extort KSh450 million from him.
However, the petitioner argues that despite pursuing the criminal complaint, the governor allegedly failed to provide bank statements, tax compliance records or any financial documentation to verify the existence or lawful source of the funds.
The petition further claims that recent media reports indicated that after pressure mounted over the need to disclose financial records, the governor allegedly moved to withdraw the criminal proceedings under Section 87(a) of the Criminal Procedure Code.
According to the petitioner, the move was intended to shield the matter from judicial scrutiny and prevent disclosure of financial records.
“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 court documents state.
The petition contends that the alleged failure to provide supporting records amounts to a breach of Articles 10, 73 and 75 of the Constitution, as well as provisions of the Leadership and Integrity Act, the Access to Information Act and the County Governments Act.
Among the orders sought, the petitioner wants the court to declare that the governor’s continued failure to provide financial records relating to the alleged KSh450 million violates constitutional principles on transparency and public finance.
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 financial records infringed on citizens’ rights to access information and participate in public oversight.
Additionally, the petition asks the court to find that Governor Barasa is unfit to continue holding public office under Chapter Six of the Constitution, and seeks to have the costs of the petition awarded personally against him.
