Busia Governor Otuoma summoned for contempt of court in land case

In a ruling delivered on December 17, Judge Boaz Olao found that Governor Otuoma deliberately disobeyed court orders relating to disputed public land in Busia County.

The court also cited Peter Khasamule Odima, a member of the County Executive Committee (CEC) for Lands, as the second respondent in the contempt proceedings.

Judge Olao directed that the governor and the CEC member must, within 14 days, execute and file an undertaking confirming full compliance with orders issued on June 27 and July 10, 2024.

The two were further ordered to appear before the court on March 2, 2026, to show cause why they should not be committed to a civil jail for disobeying court orders.

The contempt proceedings stem from a petition filed on June 19, 2024, by Busia Senator Okiya Omtatah Okoiti against the Busia County Executive, the CEC for Lands, and Mutiso Menezes International Consultants.

Senator Omtatah alleged that public land housing the Busia Vocational Training Centre, Soko Posta Market and the Agricultural Training College had been irregularly converted into private ownership, enabling unlawful allocation.

Following the petition, the court issued conservatory orders on June 27, 2024, suspending all transactions and developments on the disputed parcels.

These orders were later extended on July 10, 2024, with clear directions that all activities on the land be halted pending the determination of the case.

In response, Odima filed a replying affidavit dated June 23, 2025, asserting that any developments on the land predated the court orders and denying any involvement by the governor in allocation or development. He dismissed the petition as baseless, politically motivated and an abuse of the court process.

However, the court noted that Governor Otuoma did not personally respond to the application and failed to file any affidavit to rebut the allegations.

Judge Olao further observed that Odima had, in a letter dated May 27, 2024, acknowledged that land occupied by the vocational centre had been re-allocated to the Busia County Referral Hospital for expansion, a position the court said he could not later disown.

“He cannot approbate and reprobate at the same time,” the judge ruled.

The court found that both respondents were fully aware of the conservatory orders but continued activities on the land in defiance of clear court directions. Judge Olao stressed that compliance with court orders is mandatory and not a matter of choice.