Nairobi — Busia Governor Paul Otuoma has been ordered to appear in person before the Environment and Land Court at Busia to explain why he should not be committed to civil jail for contempt of court.
The directive, issued by Judge Boaz Olao on December 17, follows allegations that Governor Otuoma deliberately ignored court orders concerning disputed public land in Busia County.
County Executive Committee (CEC) member for Lands, Peter Khasamule Odima, is also named as the second respondent in the contempt proceedings.
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Judge Olao directed that both Otuoma and Odima must, within 14 days, execute and submit an undertaking confirming full compliance with court orders issued on June 27 and July 10, 2024.
They are also required to appear before the court on March 2, 2026, to show cause why they should not face civil jail for disobeying the orders.
The contempt case arises from a petition filed on June 19, 2024, by Busia Senator Okiya Omtatah Okoiti.
The senator alleged that public land housing the Busia Vocational Training Centre, Soko Posta Market, and the Agricultural Training College had been irregularly converted to private ownership, facilitating unlawful allocations.
Following the petition, the court issued conservatory orders on June 27, 2024, suspending all transactions and developments on the disputed land. These orders were extended on July 10, 2024, with explicit instructions halting any activities until the case was determined.
In response, Odima filed an affidavit on June 23, 2025, claiming that any developments on the land occurred before the court orders and denying any involvement by Governor Otuoma. He dismissed the petition as politically motivated and an abuse of the judicial process.
However, the court noted that Governor Otuoma failed to personally respond or submit any affidavit to refute the allegations.
Judge Olao also highlighted a letter from Odima dated May 27, 2024, in which he acknowledged that land occupied by the vocational centre had been reallocated to the Busia County Referral Hospital a position the court said he could not later deny.
"He cannot approbate and reprobate at the same time," the judge ruled.
The court concluded that both respondents were aware of the conservatory orders yet continued activities on the land in defiance of clear court directions. Judge Olao emphasized that compliance with court orders is mandatory and non-negotiable.
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