Petition Filed Against Kakamega Governor Fernandes Barasa Over Alleged Ksh.450 Million Extortion Saga
The petitioner argues that Barasa failed to provide financial records to support the claims and allegedly sought to withdraw related criminal cases to avoid public scrutiny.
Kakamega Governor Fernandes Barasa. Photo/Courtesy
By Ruth Sang
So, a petition has been lodged at the High Court, and it targets the conduct of Kakamega Governor Fernandes Barasa, tied to an alleged extortion story said to involve Ksh.450 million. The petitioner is basically saying the governor stepped on constitutional toes, especially around transparency, accountability, and some idea of leadership integrity which, you know, should be intact.
In the court papers, Kakamega resident Stephen Otieno says he moved to file the petition in the public interest, pointing to Articles 3, 22, and 258 of the Constitution. He’s describing worries about how the governor handled a criminal complaint, where the governor allegedly claimed he was being extorted Ksh.450 million.
The petition notes that the governor went ahead and kicked off criminal steps at the Chief Magistrate’s Court in Kibera Law Courts. The cases, according to the documents, involve former Sports Cabinet Secretary Rashid Echesa and other accused persons.
From what the petition captures, the governor allegedly told the court that the accused persons, had allegedly hatched a plan to extort Ksh.450 million from him. But here is where the concern comes in. The petitioner argues that even after the criminal complaints were being pursued, Governor Barasa failed to present bank statements, tax compliance papers, or other financial material meant to show the existence of the money, and also to show the money had a lawful source.
It is further stated that when pressure started building for disclosure of financial records, the governor allegedly tried to withdraw the criminal proceedings, citing Section 87(a) of the Criminal Procedure Code.
“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 documents read.
The petition says the alleged failure to hand over supporting financial records breaks constitutional obligations under Articles 10, 73, and 75. It also points to relevant parts of the Leadership and Integrity Act, the Access to Information Act, and the County Governments Act. So in short, multiple laws are being invoked, not just one.
Among the orders being asked for, the petitioner wants the court to declare that the governor’s failure to provide financial records amounts to a breach of constitutional standards on transparency and proper public finance management.
The petitioner also seeks declarations that, the alleged withdrawal of the criminal cases was carried out in bad faith, and basically meant to dodge scrutiny. He argues that withholding the records also infringes citizens rights, including the right to access information and take part in public oversight.
And then there’s the fit-to-hold-office angle. The court is being asked to decide whether Governor Barasa is fit to continue serving in public office under Chapter Six of the Constitution. There is also a request for costs, with the petitioner seeking that costs be met personally by the governor.
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