Fiery Busia Senator Okiya Omtatah has hit back with unmistakable force at city lawyer Ahmednasir Abdullahi, SC, following threats of legal action over remarks the senator made on the floor of the Senate concerning an alleged irregular allocation of a rice importation quota to Business Bay Square Mall.
In a searing five-page rebuttal dated August 25, 2025, Omtatah not only dismissed the defamation claims as “legally baseless” but also accused Ahmednasir of attempting to “gag Parliament and muzzle oversight” in a democratic state.
“Whatever I said in the Senate, exercising my parliamentary duty to hold the Executive accountable on matters of national interest, was strictly in execution of my constitutional mandate as a legislator and representative of the great people of Busia County,” declared Omtatah.
The Senator, a well-known constitutional crusader, minced no words in his response, making it clear he will not retract his statements, apologize, or bow to legal threats.
“I respectfully decline your ill-advised demand for a retraction and public apology. The proceedings of Parliament are a matter of public record… I welcome the opportunity to expose the frivolity of your claims,” he wrote.
“Even the finest silk cannot clothe a lost cause”
Omtatah’s literary flair was on full display as he tore through the legal arguments presented in Ahmednasir’s July 31st demand letter.
In one of the most quoted sections, the Senator wrote:“Should you choose to test this in whichever forum you deem fit, you will discover that even the finest silk cannot clothe a lost cause. And you can’t make a silk purse out of a sow’s ear!”
He added with characteristic sharpness: “As for your threat of court action or any other measures, I can only smile and ask you to bring it on.”
Omtatah’s central argument revolved around parliamentary privilege, firmly anchored in Article 117 of the Constitution of Kenya and the Parliamentary Powers and Privileges Act.
“The immunity is not qualified. It is the bedrock of parliamentary democracy, ensuring Members discharge their oversight mandate without intimidation, fear of reprisals, or the threat of litigation,” he wrote.
He emphasized that his remarks were made under Standing Order 53(1) of the Senate, and directed at government agencies, not Business Bay Square Mall.
“The statement sought accountability from government institutions, not a determination of your client’s liability. Therefore, your demand for retraction, apology, or liability is entirely misconceived in law.”
Ahmednasir’s client, Business Bay Square Mall, had been named in the Senate proceedings on July 9, 2025, in relation to an alleged importation quota of 500,000 metric tons of rice.
Omtatah argued that commercial entities named in matters of public interest are not immune from parliamentary scrutiny.
“To shield commercial entities from parliamentary scrutiny in such circumstances would offend the constitutional dictates of legislative oversight,” the Senator insisted.
He added that if Business Bay Square had not received any quota as claimed, they were free to clarify their position before the Senate Committee handling the matter.
“That is the proper forum for your client to place its position… not through legal threats,” Omtatah advised.
Omtatah also took issue with Ahmednasir’s invocation of Article 50(1) of the Constitution—on fair trial, calling it a gross misinterpretation.
“Article 50 applies to judicial and quasi-judicial proceedings, not parliamentary debates. The Senate is not the court, tribunal or body anticipated under the article,” he noted.
Referring to legal precedents, he underscored the absolute legal insulation provided to MPs in the performance of their constitutional roles.
“I Serve It Hot” – Omtatah Vows to Keep Speaking Truth to Power
In a parting shot that is already making rounds on social media, the Senator warned that oversight, especially when uncomfortable for elites, would not stop.
“But please note with utmost clarity that whenever matters of public interest land in the public pot, I serve them hot. Your client may not like the taste, but Kenyans, whose sweat and blood sustain this nation, have a right to know what is being cooked in their name.”
The letter was copied to the Speaker of the Senate, Clerk of the Senate, and both Majority and Minority Leaders, signaling that the matter may soon be escalated to the Senate’s Powers and Privileges Committee.
With the rice import saga now squarely in the public spotlight, and the Senator showing no signs of backing down, this could evolve into a defining case on parliamentary oversight versus private reputation in a democratic society.
Whether Ahmednasir and his client will proceed to court remains to be seen, but one thing is clear, Senator Omtatah has fired his salvo, and he’s ready for battle.
