DNK International By Our Correspondent,Nairobi.
A court in Nairobi has dealt a significant setback to Busia Senator Okiya Omtatah after dismissing his preliminary objection in a case filed by a Busia-based journalist over alleged unlawful dismissal.
In a ruling delivered at the Milimani Law Courts, the judge threw out the objection and directed that the matter proceeds to a full hearing on its merits, effectively clearing the way for a substantive trial.
The court rejected the senator’s attempt to have the dispute referred to Alternative Dispute Resolution (ADR), specifically arbitration, ruling that such mechanisms cannot be imposed on unwilling parties.
The judge emphasized that ADR processes are voluntary and depend on the mutual consent and good faith of all parties, adding that forcing arbitration would only delay justice rather than advance it.
In a further blow, the court also dismissed Omtatah’s claim that it lacked jurisdiction to hear the matter, terming the argument legally unsound and affirming its authority to handle the dispute.
Following the ruling, the journalist, Obuyu Onalo, who is representing himself, welcomed the decision and expressed optimism about the case moving forward.
He said he was satisfied that the attempt to block the case at a preliminary stage had failed, adding that the respondent would now be required to fully defend the claims in court.
He also noted that his decision to appear in person without legal representation had so far proven effective.
The case places Senator Omtatah,widely known for his role as a constitutional defender in a challenging position as he faces allegations tied to procedural and legal violations in an employment dispute.
The matter is scheduled to be mentioned again on April 21, when the court is expected to give directions on the full hearing.
The case is likely to attract significant public and legal attention as it progresses, given the personalities involved and the broader questions it raises about employment practices and access to justice.
[DNK-International@March 31,2026]
