Busia Senator and public interest activist Okiya Omtatah Okoiti has moved to the High Court seeking to stop the disbursement of approximately KSh28 million in public funds under a government tender awarded to Savola Investment Limited.
Omtatah wants the court to suspend payments under Tender No. MLPWHUD/SDHUD/ESP/213/2023-2024 (Cluster 19) for the proposed construction of Economic Stimulus Programme (ESP) markets and supporting facilities in Uasin Gishu County.
In a Notice of Motion filed at the High Court in Nairobi, Omtatah is seeking conservatory orders barring the relevant government agencies from releasing, transferring or paying any funds under the tender to Savola Investment Limited, or to any other person, account or entity, until the company’s ownership, directorship and control are conclusively established.
He wants the court to require a current CR12 from the Registrar of Companies confirming the undisputed lawful directors of the company before any further payment is made.
Omtatah says the payment is being processed at a time when several parties are embroiled in a dispute over the ownership and control of Savola Investment Limited.
He argues that releasing the money before the dispute is resolved could expose the public to an irreversible loss if the funds are ultimately paid to a faction that is found not to be the legitimate owner or controller of the company.
The senator further claims that Sh21.79 million in public project funds previously paid to Savola Investment Limited is already the subject of an investigation by the Directorate of Criminal Investigations (DCI) Banking Fraud Investigations Unit.
According to Omtatah’s court papers, the investigation is being conducted under File No. 275 of 2026 and concerns allegations that the funds were diverted through an unauthorised bank account.
Omtatah argues that any additional payment of Sh28 million before the ownership and control dispute is resolved could expose the government to further financial loss and potential civil liability if the wrong party is paid.
He has told the court that the matter raises significant questions of public interest concerning the protection and management of public funds.
The senator argues that the potential harm cannot adequately be remedied after the substantive case is determined because the money could already have been disbursed, the alleged constitutional violation completed and the public purse left with an unrecoverable loss.
Omtatah has also cited the High Court’s current recess, which runs from August 1 to September 15, 2026 as a reason for the matter to be certified urgent and placed before a duty or vacation judge.
He wants the court to hear the application on a priority basis and grant interim conservatory orders pending the hearing and determination of his application and the main petition.
Omtatah maintains that the application has been brought in good faith and is not intended to delay the project. He argues that the balance of convenience favours the temporary suspension of the payment to protect public funds.
The senator further claims that his petition raises weighty constitutional questions concerning the responsibility of State organs to safeguard public resources.
The application, dated September 2, 2026,is supported by an affidavit sworn by Omtatah.
