Omtatah now sues IGP Koome over Ruto’s ‘threats’

Busia Senator Okiya Omtatah has gone to court to compel Inspector General of Police Japet Koome to direct officers to record his statement over alleged threats for successfully prosecuting a petition challenging the Housing Levy.

Threats by President Ruto

Mr Omtatah says in the petition filed at the High Court in Nairobi that he is apprehensive about the threats by President William Ruto during a thanksgiving mass service in Kisii in December 2023.

And despite going to report the matter at Lang’ata police station in Nairobi and Nyanchwa police stations in Kisii, police officers allegedly declined to record his statement.

“Consequently, the petitioner has been forced to move this Honourable Court seeking, among others, an order of mandamus compelling the respondents (the police) to record his statement of complaint regarding the insults and threats,” he said in the petition.

Crooks

He said Dr Ruto made the remarks on December 16, 2023, terming him and other litigants who successfully prosecuted the case as 'crooks'.

The lawmaker says the matter is of utmost urgency since police officers have declined to grant him the state services he is entitled to, specifically the opportunity to record a statement of complaint to initiate criminal investigations.

“The petitioner is reasonably apprehensive that his and his co-litigants’ right to life is squarely threatened. Hence, he seeks swift legal intervention to alleviate panic and ensure his and their safety,” said Mr Omtatah.

Mr Omtatah said he tried to lodge a complaint on December 17, 2023, over what he termed as undermining of the authority of the courts but he was not accorded the service.

Crime scene

After failing to be served for more than six hours, he decided to go to Mosocho Police Station, the alleged ‘crime scene’ but he was barred from recording the statement of complaint at Nyanchwa Police Station. 

“The petitioner posits that the respondents should not be allowed to refuse or fail to perform a public duty which is imposed on them by the law to the detriment of the petitioner who has a legal right to expect the duty to be performed,” he said. 

Discharge the public duty

He now wants the court to urgently intervene and issue an order compelling the police boss and his juniors to discharge the public duty imposed on them by the constitution by recording his statement of complaint as required by law.