By Robert Mutasi 
Busia Senator Okiya Omtatah has moved to the High Court seeking to stop further government payments to a company awarded a Sh113 million tender to construct markets and supporting facilities in Uasin Gishu County, citing a dispute over its ownership and directorship.
Omtatah wants the court to suspend a planned Sh28 million payment to Savola Investment Limited until questions surrounding the company’s ownership and control are conclusively resolved.
The case has placed a spotlight on the management of public funds in Uasin Gishu, with the senator arguing that the government risks releasing taxpayers’ money to individuals whose legal authority to control the contracted company is being contested.
Savola was incorporated in February 2017, with Abdinasir Abdille Gedi, Mustafa Maalim Ibrahim and Mohamed Abdi Aden initially listed as directors and shareholders. Their respective shareholding was 200, 100 and 700 shares.
The company later secured a 2024 tender to construct Economic Stimulus Programme markets and related facilities in Uasin Gishu. The contract was valued at Sh113 million, inclusive of taxes, with the works scheduled for completion within six months.
However, the ownership dispute emerged after a company search conducted on May 26, 2026, showed a different ownership structure.
According to court documents cited in the case, Ibrahim’s shareholding had increased from 100 to 300 shares, while Abdullahi Hassan Gulleid was listed as a director and shareholder with 700 shares. The petition alleges that Gedi and Aden had been removed from the company’s records without supporting documentation such as a board resolution or formal application.
The matter was subsequently taken to the Business Registration Service (BRS), which investigated the changes.
The BRS directed on June 22 that the company register be restored to its original position at incorporation. A second decision issued on June 24 reaffirmed the position after consideration of a response from Gulleid.
According to the petition, the Registrar found that there was no documentation supporting the changes and restored Gedi, Ibrahim and Aden as the directors and shareholders in accordance with the original records.
The dispute has also raised questions over payments already made under the Uasin Gishu project.
Omtatah’s petition alleges that Sh21.7 million in public funds was paid into a Kenya Commercial Bank account after the disputed changes appeared in the company’s records.
The alleged transaction is reportedly under investigation by the Directorate of Criminal Investigations Banking Fraud Investigations Unit.
The petition refers to allegations of fraud, forgery, impersonation and unlawful diversion of public funds. These are allegations and have not been proved in court.
Omtatah is now asking the High Court to prevent the government from processing or releasing additional money under the tender until the lawful ownership and directorship of Savola are established.
He also wants the court to require a current CR12 confirming the company’s undisputed lawful directors before any further payments are made.
The senator argues that releasing more money while the ownership dispute remains unresolved could expose public funds to loss and undermine constitutional principles governing transparency, accountability and prudent management of government resources.
“The risk of loss is real and immediate, and once payment is made to the wrong party, recovery will be practically impossible,” the petition states, according to the court documents cited by Nation.
Omtatah has filed the case as a public-interest petitioner and says he has no personal, financial or proprietary interest in the outcome.
Justice Gregory Mutai has directed the senator to serve the respondents and interested parties with the court papers, after which they will file their responses and written submissions.
The court has scheduled a compliance mention for October 28, 2026.
The case comes at a time when government procurement and payments under development programmes are facing increased scrutiny over accountability and verification of contractors.
For residents of Uasin Gishu, the dispute adds another layer of scrutiny to the implementation of the Economic Stimulus Programme markets, with the court now expected to determine whether further payments should proceed while the company’s ownership remains contested.