The High Court has summoned the petitioner accusing Busia Governor Paul Otuoma of assault to appear in person for cross-examination after a dispute arose over whether he instructed the law firm of Danstan Omari and Associates to file a constitutional petition on his behalf.
Justice Gregory Mutai directed Yusuf Suleiman Hamisi to appear in open court on December 15, 2026, where he will be cross-examined under oath on whether he authorized the law firm to institute the proceedings, an issue the judge said raises questions of professional ethics.
The court’s determination could determine whether Danstan Omari and Associates should personally bear the costs of the proceedings after seeking leave to cease acting for the petitioner.
The petition arises from an incident on March 6, 2026, during a maize seed distribution exercise at Bukiri Market in Busia County, where Hamisi, a 31-year-old boda boda rider, alleges Governor Paul Otuoma kicked him in the groin without provocation. The governor has denied the allegations.
Appearing for Danstan Omari and Associates, advocate Shadrack Wambui urged the court to first allow the petitioner to be cross-examined before determining whether the firm should personally bear the costs of the proceedings after seeking leave to cease acting in the matter, arguing that allegations the firm lacked instructions had formed the basis of attempts to hold it personally liable for costs.
“My Lord, we filed a notice to cross-examine the petitioner so that he can appear physically before this Honourable Court and all parties. After our cross-examination, we can later make submissions on whether the circumstances warrant the firm meeting the costs,” Wambui submitted.
However, Hamisi’s current advocate, Evance Okumu, maintained that Hamisi never instructed Danstan Omari and Associates to file the petition.
“From our response, we informed the court that the petitioner did not instruct the firm of Danstan Omari to file an application on his behalf,” Okumu told the court.
Okumu, however, questioned who would bear the cost of transporting Hamisi from Busia to Nairobi for yet another court appearance, noting that the petitioner had previously travelled to court ready for the same exercise.
“At whose expense am I going again to carry the petitioner from where he is back to Nairobi for cross-examination? The other time I came ready for that same cross-examination. Now I am still being asked to bring him back again,” he submitted.
Justice Mutai observed that the dispute raised fundamental questions of professional ethics that could not be overlooked.
“The question is whether the firm of Danstan Omari and Associates had instructions. That is not an issue that we can sweep under the carpet,” the judge remarked.
Counsel for the first respondent told the court they would abide by whatever directions the court issues, including on the question of costs, adding that it was their understanding that Danstan Omari and Associates had no instructions to institute the petition.
Justice Mutai subsequently directed Hamisi to personally attend court on December 15, 2026, when he will be cross-examined in open court on whether he authorized the filing of the constitutional petition.
The outcome of the hearing is expected to determine whether Danstan Omari and Associates had the petitioner’s authority to institute the proceedings and, consequently, whether the firm should bear any costs arising from the matter.
The substantive petition, in which Hamisi alleges Governor Otuoma assaulted him during the maize seed distribution exercise, remains pending before the High Court.
