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Crime & Investigations

Good Job: How Okiya Omtatah Saved Busia Aistrip From 22 Land Grabbers

by Yahil Felix
written by Yahil Felix

In a petition filed in court by activist Okiya Omtatah, Busia High Court has stopped 22 businessmen from grabbing Busia Airstrip.

Justice Ann Omollo while making her ruling said that the petition by Omtatah has merit and has a chance of success.

The judge further issued conservatory orders restraining the respondents whether by themselves , their servants or agents from occupying, causing any damage, cultivating, developing, converting to using, transferring or alienating Busia Airstrip land including land registering as private property under the deeds or subdivisions pending hearing and determination if the suit.

Omollo gave these orders after Activist Omtatah went to court seeking to stop the illegal and unconstitutional grabbing of the said land by the businessmen.

The activist argued that the constitutional rights of Kenyans have been gravely compromised and violated through the illegal grabbing.

Omtatah asked the court to dispose of the question of the rightful owner of the airstrip land than wait to do so in a municipality of suits saying it will be vital to the court in pursuit of justice since it presents a more comprehensive history.

A part of his petition read, “That it is overriding and overwhelming interests of justice, that it’s disposed to determine whether or not Busia Airstrip land is a public property.”

The County Government of Busia which is a party in the case argued that the respondents have fraudulently and illegally obtained turtles to the land thereby putting selfish private interests that cannot override public interests.

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Latest NewsPolitics

Oparanya in Celebrations After Major Court Ruling

by Mustafa Juma
written by Mustafa Juma

Council of Governors (CoG) chairman, the Kakamega County Governor Wycliffe Oparanya is celebrating after Court of Appeal dealt a major blow to activist Okiyah Omtatah.

Taking to his official twitter account on Friday May 22, Oparanya said that the defenders of devolution had all reasons to smile following a win after Court of Appeal dismissed a case filed by activist Okiya Omutata seeking to have Health services transferred from counties back to the National Government.

Oparanya said that Omtatah’s move to have the health services moved from counties, back to the National government could have undermined devolution.

“Today defenders of Devolution got a win after Court of Appeal dismissed a case filed by activist Okiya Omutata seeking to have Health services transferred from counties back to the National Government this could have undermined devolution,” he tweeted.

The High Court in 2013 dismissed as a waste of judicial time an attempt to halt the transfer of health facilities to the jurisdiction of county governments.

Justice Mumbi Ngugi declined to grant temporary orders stopping the transfer of Level 2 to Level 5 health facilities to the county level and termed it an effort to re-introduce through the back door an earlier petition that had been dismissed by the High Court.

Uhuru hits out at activist Okiya Omtatah over 'rampant' court cases
Activist Okiya Omtatah. PHOTO/COURTESY

Two petitioners, Okiya Omtatah and Nyakina Wycliffe Gisebe had sued the Transition Authority (TA) and the Attorney General on grounds that they failed to correctly interpret the issues of health referral facilities.

They had listed 47 health facilities in various counties, which they claimed are legally national referral facilities and which should not be transferred to the counties.

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Okiya Omtatah Moves to Court to Sue Government, Again

by Gabriel Omolo
written by Gabriel Omolo

Activist Okiya Omtatah is once again in court to sue the National Government over importation of maize.

According to the vocal human rights activist, the maize set to be imported does not meet the East African Community Standard.

In his application filed on Friday under urgency on behalf of the Strategic Rood Reserve Trust Fund, Omtatah claims the importation will endanger the lives of members of the public who consume maize products either directly or indirectly.

Omtatah notes that the importation of the maize had been objected by the Fund  and was aggrieved that, vide Gazette Notice  of April 17,2020, which was published on April 20, 2020, Treasury CS Ukur Yatani authorised the importation of substandard dry maize at a concessional import duty rate of 14 per cent for white maize and 10 per cent  for yellow maize.

 He further states that whereas the Gazette notice allows the importation of maize whose aflatoxin levels don’t exceed 10ppm (parts per million) the East African Community Standard  sets a maximum limit of 10 ppb (parts per billion) as safe for human and animal consumption.

He states that the East African Community Standard is recognized and endorsed by the Kenya Bureau of Standards.

The activist argues that the unlawful importation of the maize violates the Bill of Rights in the Constitution, including the rights to life (Article 26); human dignity (Article 28); a clean and healthy environment (Article 42).

Omtatah says that the fund reasonably suspects that the lowering of standards contrary to the law to allow for the importation of substandard maize is deliberate and tailor-made to serve vested interests.

He says that unless the stay is granted, substandard maize will be imported and the lives of millions of Kenyans will be put in danger, and the Constitution and the law will continue to be violated and threatened as stated.


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Politics

Duale’s Dual Citizenship Lands Him in Hot Soup

by Mustafa Juma
written by Mustafa Juma

Garissa Township Member of Parliament Aden Duale is yet again facing another hurdle after it emerged that he holds dual citizenship.

Activist Okiya Omtatah has written to the Ethics and Anti-Corruption Commission (EACC) to probe members of parliament who hold dual citizenship, among them being Duale.

It is against the Kenya’s constitution for anybody with a foreign citizenship to hold any state office. 

Through his later to EACC, Omtatah has published names of eight members of Parliament and two senators who are suspected to be holding dual citizenship. 

He further requested EACC to disclose their findings within 15 days said that it is important for the lawmakers to adhere to the laws they expected the diplomats to adhere to. 

“In the spirit of adhering to the rule of law and applying the law consistently and equally to all, it’s of overwhelming national importance and public interest that our legislators submit themselves to the same standards they have set for diplomats,” reads part of Omtatah’s letter. 

Four MPs from North Eastern region are said to be having Somali citizenship  and they include; Adan Bare Duale (Garissa), Adan Haji Ali (Mandera South), Mohammed Dahir Duale (Dadaab) and Lagdera’s MP Mohammed Garane. 

Kamukunji lawmaker Yusuf Hassan Abdi and his Marsabit counterpart Safia Sheikh Abdi are said to be holding United Kingdom nationalities while Naivasha’s Jane Kihara is allegedly registered as US Citizen.

In the Senate, Narok Senator Ledama Olekina and his Nakuru counterpart Susan Kihika are registered as United States’ citizens. 

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