A boda boda rider has moved to the High Court seeking Sh100 million in compensation, alleging he was assaulted by Busia Governor Paul Otuoma and suffered serious injuries.
In the suit, Yusuf Suleiman Hamisi is also seeking orders to have the governor declared unfit to hold public office and to compel the Busia County Assembly to initiate impeachment proceedings against him over alleged misconduct and abuse of office.
The matter came up before the Milimani High Court, where Mr Hamisi and his lawyer expressed fears for their safety, citing an alleged kidnapping incident involving the petitioner.
The lawyer told the court that although the case ought to be heard in Busia, they feared for their lives.
The lawyer claimed that his client was abducted by four armed individuals while seeking treatment in neighbouring Bungoma County.
He further alleged that Mr Hamisi was kicked in the groin by the governor and later denied medical attention at Bungoma Level 5 Hospital and was also not issued with a P3 form at the nearest police station.
The court heard that the petitioner was subjected to hostility and intimidation, allegedly by individuals linked to the governor.
“The petitioner was violently assaulted and subsequently subjected to inhumane intimidation by persons believed to be henchmen of the governor,” Mr Omari submitted.
The judge ruled that the case will be heard in Nairobi, citing the security concerns raised, and directed that the governor, the Office of the Governor of Busia County, the Speaker of the Busia County Assembly and the assembly itself be served as respondents.
According to court documents, the incident occurred on March 6, 2026, at Bukiri Market in Funyula Constituency during an official county event. The petitioner, a 31-year-old boda boda rider, alleges he was attacked while queuing for the distribution of certified maize seeds.
He claims the governor kicked him in the groin without provocation, in an incident reportedly witnessed by members of the public and captured on video that later circulated widely on social media.
The petitioner further alleges that he faced obstruction when seeking treatment at Sio Port and Ruambwa Sub-County hospitals, claiming the interference was linked to the governor’s office. He reported the matter at Sioport Police Station but says he began receiving threats soon after.
Court records indicate that unknown individuals later visited his residence, demanding that he withdraw the complaint. He also claims he was briefly abducted, escaped, and went into hiding.
Despite changing his phone number, he says he continues to receive anonymous threats.
The petitioner argues that the governor’s actions violated his constitutional rights, including the right to dignity, security, equality, and fair administrative action, and breached leadership and integrity standards under Chapter Six of the Constitution.
He is also seeking court orders for his protection, access to medical care, and thorough investigations into the allegations.
The case will be heard on April 21, 2026, with all parties directed to file written submissions.
