Busia County Senator Okiya Omtatah.
Busia Senator Okiya Omtatah’s plan to run against President William Ruto in 2027 has stirred debate about the chances of a political greenhorn dislodging an incumbent to ascend to the presidency, the place of campaign billions and ethnic voting blocs that have largely influenced past elections.
Mr Omtatah has taken an unprecedented approach to gazette a team to inform his presidential run, explaining to Nation on Thursday that the committee will gauge his potential to garner popular support - 50 per cent plus one required to win the presidency, explore possible alliances to cobble together a winning coalition, and whether he would run on a political party ticket or as an independent.
This is even as he seeks to ride on the voting strength of the youth, who during the recent nationwide protests on high taxation ignored political party affiliations and ethnic identification to force President Ruto to withdraw a proposed legislation that contained a raft of unpopular taxes.
"This country urgently needs redemption from poor rule. We want a government that listens and respects where sovereignty power is vested. I am one of those true believers who insist on sound governance practices where citizens are part and parcel of decision making," Mr Omtatah told Nation.
For years, Mr Omtatah has been a relentless litigant against government policies he deems shady. He has been arguably the country’s number one public defender, taking on successive administrations in high-profile court cases.
In some of the instances, he risked his life in his pursuit of public advocacy and litigations. He became a victim of what was believed to be a state-sponsored attack where he lost 10 teeth and had his skull fractured.
A man never afraid to take on authorities, despite the brutal crackdown, he popularly chained himself to the fence at Vigilance House- police headquarters- in 2008 during one of his protests.
He has taken on major public interest litigation, including on taxation, privatisation of key national assets and key constitutional issues, including the presidential election petitions, often willing to take them all the way to the Supreme Court.
His consistency in pursuit for public good endeared him to many Kenyans, before he plunged into politics where he easily won the Busia Senate seat in the 2022 General Elections on a small party – National Reconstruction Alliance.
He garnered 171,681 votes, defeating Hillary Itela from the Orange Democratic Movement (ODM) party who managed 59,276 votes.
And with the growing disaffection with the two-year old Kenya Kwanza administration, coupled with the agitation by the youthful population for a change in the country’s leadership, Senator Omtatah has taken a precedent-setting approach to explore his chances of becoming the country’s sixth president.
He has since gazetted a 10-member presidential exploratory committee chaired by Ms Mary Kathomi to analyse his chances of contesting the presidency in the 2027 general elections.
The Busia senator has mandated the committee to prepare a high-level campaign roadmap outlining potential alliances, timelines and resources required as well as the identification and recruitment of his campaign team comprising advisers, strategists and key operational staff.
A youth representative in the committee, Hanifa Farsafi will serve as a Public Relations Strategist and might be instrumental in tapping the support of the Gen Z voting bloc. It is estimated that at least eight million young people in this age group will be eligible to vote for the first time in 2027.
“He is a breath of fresh air in Kenyan politics. He’s always been consistent, for us. Many of us resonate with him as the man of the people. He reflects our desires and needs for a reimagined Kenya. I’ve always been his long supporter before the protests and hoped that he’d want to lead us as our president one day. I’m glad it’s happening and I’m honored that I get to be part of that journey. A great leader with no history of corruption and scandals, a leader that cares and a leader that has our interests and the interests of our country at heart, warmly,” she said.
Mr Omtatah said the desire by the majority of Kenyans is to take President Ruto out of power, adding that ‘I am not one that runs away from power, if like-minded people come, the more the merrier. I am not a loner, but don't compromise that is why at times it appears that I am a loner.’
Mr Omtatah --who has declared that his childhood passion was to become a Catholic priest before health challenges severed the journey -- seeks to join the building battle of confronting the incumbent Dr Ruto who is expected to vie for a second term.
On Thursday, Omtatah told Nation that the mission he has launched is to gauge his strength, weaknesses, opportunities and timeliness of viability for his bid.
Busia Senator Okiya Omtatah at the Milimani Law Court in Nairobi during the hearing of a petition challenging the Finance Act on September 13, 2023.
"This is a world of data...it is only when you have actionable information backed by data that one can make an informed decision. That is the preliminary stage of my presidential ambitions," he said.
The committee has political strategists, activists, and legal experts and among its brief by Omtatah is to conduct a nationwide opinion poll to deduce working figures for his bid.
He told Nation that time is ripe to make a decisive move to confront those who have taken it incumbent on themselves to misgovern.
"This country urgently needs redemption from poor rule. We want a government that listens and respects where sovereignty power is vested. I am one of those true believers of insisting on sound governance practices where citizens are part and parcel of decision making," he said.
Mr Omtatah added that "governments that do not factor in rule of law and public participation in the way they govern mostly are inspired by dictatorship, manipulation and corruption".
He said his presidential bid committee is part of intense public participation he has adopted to bond with the people in laying the foundation of his candidacy.
He said he expects the team to give him feedback on whether he is a viable candidate, how he can interact with other formations and the key areas that he can capitalize on.
"My focus is strongly anchored in the belief that I have something to offer in helping our country achieve the elusive dream of people-centric governance," he said.
He said he is cognisant of the fact that he requires the partnership of other actors to make his bid stronger.
"That is the reason why I have engaged a team of experts to do the legwork for me. The team will factor in those ingredients that come with the reality of Kenya politics and presidential contests," he said.
He said the focus is to gain intelligence on how he can garner 50 percent plus one votes and 25 percent in at least 24 counties, the issue of political party or independent contest, those to partner with him in contesting the other five seats of a General Election.
Besides the presidency, there are the Deputy presidency picked as running mate, governor, Senator, Woman Rep, Member of Parliament and Member of the County Assembly (MCA) seats.
To have a grip on power, a presidential hopeful must seek a strategy that gives him or her majorities in the National Assembly, the Senate and in the county assemblies.
To make it happen, a presidential bid consumes loads of cash, which obviously Mr Omtatah alone cannot raise.
Mr Omtatah said, "That defines why research is a key component for such a huge bid... the reason why I will now sit back and wait for a report that eventually will inform whether I should go ahead and declare my bid or what to progress with".
He said he knows the task ahead is tough, and he said he is equal to the task should it emerge that he has a viable chance of emerging as the winner.
Regarding finances to contest the presidency, Omtatah said he is banking on partnerships.
“People keep talking about money, but Kenyans have already shown their goodwill. We will get the support we need as we continue," he said.
The committee's patron Mr Julius Okara said he is confident that Mr Omtatah qualifies for the highest office in the land.
Busia Senator Okiya Omtatah at the Milimani Law Court in Nairobi during the hearing of a petition challenging the Finance Act on September 13, 2023.
"We're confident Omtatah is overqualified...his well manifested track record of being the people's defender, a relentless watchdog for the public and his sober approach to debates of national importance makes him exactly the people's servant the country desperately needs," he added.
He said, "Our opinion about him needs to be confirmed or disowned by Kenyans, the reason why we are now moving out there and making them part and parcel of our decision-making regarding Omtatah candidature".
After his admission to the University of Nairobi (UoN) to pursue a Bachelor's Degree in Commerce, Omtatah deferred and joined St Augustine philosophicum in Bungoma County to study philosophy.
"I fell sick after finishing my philosophy classes, I became heavily epileptic. I was told you cannot be a priest if you are epileptic, what happens if you get a fit during a service," he stated during a 2022 appearance as a guest on Citizen TV's JK Live show.
Mr Omtatah further revealed that he sought medication that eventually healed him.
"My father paid Sh1,500 and I began treatment in 1987... I was cured after 12 days," he said.
Lawyer Dudley Ochiel, who previously worked with Katiba Institute, described the Senator as a passionate advocate of good governance and the rule of law.
“His public advocacy record is unrivalled and speaks for itself. He has filed the most cases which are of public interest. He is one of the leading constitutional litigants,” said Mr Ochiel.
He said he at one time tried to have Mr Omtatah admitted by the Law Society of Kenya as an honorary member. He withdrew the application when he realised a majority of members were against it.
Mr Wyclife Nyakina, co-founder of Kenyans for Justice and Development (KEJUDE) Trust, rooted for Omtatah citing his past work at KEJUDE Trust since 2008.
“In 2011 we were arrested for having chained the office of Prof Sam Ongeri, the then Minister for Education, because the ministry had misappropriated Sh4 billion budget for free primary education. We ended up in the Industrial Area Police Station for 10 days. Immediately we arrived in prison, Omtatah organised us to clean our room and all the toilets so that we could stay in a cleaner environment. For all the ten days Omtatah woke up earlier and cleaned the common toilets which were usually terribly filthy,” Mr Nyakina added.
Civil society activist Boniface Mwangi also backed the vocal activist citing his unrelenting civil rights crusade that he said had benefited Kenyans.
“I knew Omtatah in 2008 when he chained himself at Vigilance House (Police Headquarters) after the 2007 post-election violence. As a photographer, l covered him during his days as a radical street activist. We became comrades and friends in the struggle after l quit the newsroom and became an activist. His street and courtroom activism has benefited millions of Kenyans, and it will be wise to repay that trust by electing him as president. He is the people’s servant and likely Kenya’s next president,” Mr Mwangi said.
However, some of his critics have since labelled him a non-starter in a presidential race. His critics argue that he needs a voting bloc before he can declare his plan of unseating Dr Ruto in the next race. Others say that a presidential race requires billions of shillings for one to have a fighting chance.
“To my brother and colleague Senator Okiya Omtatah, while I wish you well in your presidential bid, there are a few things you need to be aware of, such as the fact that running a successful presidential campaign requires a minimum of Sh7 billion; a voting bloc that is established, grassroots network that is not even aware of social media existence,” Nandi Senator Samson Cherargei stated.
Similar arguments are being advanced by Cotu Secretary General Francis Atwoli, who said that Mr Omtatah requires a Western support base before he can dream of winning the presidency. He also talked about the expensive nature of campaigns.
“You can do thousands of research but there are some key elements of political achievements. If he came to me, the first thing I would ask him is, let me see your budget and whether you are going to depend on well-wishers or what do you have as a person?” said Mr Atwoli.
“When you are gunning for a political position, the first thing you must have world over is wealth. Nobody wants to be associated with a poor person,” said the outspoken unionist.
Some of his critics have also in the past dismissed him as a gun for hire, by claiming that some of the cases he files are paid for by some interested parties.
A number of his critics accuse him of being a hired gun and taking money to represent the interest of some powerful individuals, corporates and organisations, an accusation he laughs off when a question is put to him.
In a previous interview with Nation, he vehemently fought such a notion.
“I move on my own. When I make some little money in the business I do, I use it,” Omtatah shot back.
Filing such cases, he said, is his way of “paying rent” on earth, adding that he earns his keep from buying and selling cereals.
“I don’t have money to hire a lawyer, but I know with Sh10,000, I can prosecute a case. My business doesn’t require me to be there all the time,” he said.
In the interview, he revealed why he stopped hiring lawyers to prosecute cases for him.
“I used to hire lawyers, and occasionally I do even now. But I got betrayed twice, where deals were struck by lawyers and the cases were compromised. That’s when I began following up the matters myself,” he said.
