Court rules governors personally accountable for county procurement, strengthens senators’ oversight role

The High Court has ruled that governors are personally responsible for procurement in their counties and must ensure compliance with the Public Procurement and Asset Disposal (PPAD) Act.

Justices Jacqueline Kamau, William Musyoka, and Alice Bett stressed that as chief executives, governors oversee County Executive Committee members handling finance and cannot distance themselves from procurement irregularities.

The ruling followed a petition filed in April 2024 by Busia Senator Okiya Omtatah against Governor Paul Otuoma over the Busia Trailer Park and market stalls project. The court affirmed that senators have an unquestionable right to access county information under the Access to Information Act.

The judges clarified that such information should be provided promptly, free of charge, and without unnecessary conditions unless tied to exceptions like national security, judicial independence, or sensitive commercial data.

By declaring governors as official “access to information officers” of their counties, the court closed avenues for county chiefs to evade accountability in tendering processes. The judgment now strengthens oversight, ensuring governors face direct responsibility for prudent use of devolved funds.