Busia Senator Okiya Omtatah has moved to clarify public concerns surrounding his High Court petition related to HIV treatment and international health agreements.
In a statement on Monday, January 19, Omtatah said the petition is aimed at safeguarding constitutional principles and does not threaten access to HIV treatment for Kenyans.
"I am aware of concerns regarding my recent High Court petition. I want to reassure every Kenyan living with HIV: your right to treatment is not under threat. My legal action is not an attack on healthcare; it is a defense of how that healthcare is managed," he said.
Omtatah explained that the legal challenge focuses on constitutional compliance in the handling of international health agreements.
"I am asking the Court to ensure that all international health agreements follow our Constitution, which requires transparency and public oversight," he added.
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Omtatah further stressed that the petition does not seek to halt funding or disrupt the supply of life-saving medicines, noting Kenya’s growing capacity to support its health programs.
"The facts are clear, treatment continues: my petition does not ask to stop funding or medicine; Kenya is capable: our country has nearly tripled domestic funding for HIV, TB, and Malaria programs recently. We have shown we can sustain these services through our own national budget; and accountability protects you: when we follow the law, we ensure that healthcare funds are managed properly and cannot be diverted or mismanaged," he further said.
Omtatah warned against what he described as misinformation surrounding the petition, urging the public to focus on constitutional accountability.
"We must not let fear-mongering distract from the truth. Defending the Constitution ensures a more stable, sustainable future for all patients," he concluded.
This comes days after Omtatah issued a seven-day ultimatum to the Kenya National Examinations Council (KNEC) over the handling of Kenya Sign Language (KSL) in the 2025 Kenya Certificate of Secondary Education (KCSE) results.
In a letter addressed to KNEC CEO David Njengere on Tuesday, January 13, the senator warned that unless the matter is urgently addressed, he will seek legal redress.
Omtatah pointed to KNEC’s subject classification under the 8-4-4 curriculum, noting that KSL is formally categorized as a technical subject, but alleges that this categorization was not applied uniformly when final results were computed.
"As per the KNEC's established subject categorization for the 8-4-4 curriculum, Kenya Sign Language (KSL) is listed as a technical subject under Category 5. However, it has come to my attention that its treatment in the computation of the final mean grade differed significantly between candidates," he said.
Omtatah then outlined unequal treatment between hearing-impaired and hearing candidates who sat the same examination, arguing that this disparity directly affected final aggregates for some students.
"For hearing-impaired candidates, KSL was treated as a compulsory language subject alongside English and Kiswahili. For non-hearing-impaired (hearing) candidates, KSL scores were reportedly excluded from the final aggregate computation altogether, despite these candidates having registered for and sat the examination as a technical subject," he added.
As such, Omtatah demanded a series of corrective measures from KNEC, including disclosure of affected candidates, re-computation of results, policy clarification for current students, and a halt to future registrations until the issue is resolved.
"Therefore, I urgently request the following actions from the Council, provision of data: that KNEC supplies, within seven (7) days, the total number of candidates nationwide whose 2025 KCSE results were affected by this inconsistent grading of KSL; recall and re-grading: that the Council recalls and re-computes the results of all affected 2025 KCSE candidates, incorporating KSL scores appropriately as a technical subject for hearing candidates, in line with the subject's categorization and prior practice; clarity for future candidates: That an immediate and clear policy directive be issued confirming that for current Form Three and Form Four students, KSL will be graded according to its established categorical placement without discrimination; and suspension of 2026 registration: that the registration process for the 2026 KCSE examination be temporarily halted until this matter is conclusively resolved and a clear, procedurally sound policy is communicated to all stakeholders," he stated.
Omtatah warned that failure by KNEC to respond satisfactorily within one week will trigger court action.
"Please be advised that the failure to receive a substantive and satisfactory response from your office within the next seven (7) days will leave me with no alternative but to seek appropriate legal recourse, including petitioning the High Court for necessary orders, to protect the rights and interests of the affected students," he concluded.
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