Siaya Governor James Orengo has publicly dismissed an advisory opinion issued by the Commission on Administrative Justice (CAJ), accusing the commission of breaching due process in its findings concerning county appointments and administrative matters.
In a statement released on Thursday, Governor Orengo highlighted that the county government only became aware of the advisory opinion following its public release. He noted that the county was neither formally served with the opinion nor given a proper chance to respond to the allegations and evidence presented by CAJ.
The governor criticized the commission for failing to uphold constitutional guarantees of fair administrative action and the right to a fair hearing as outlined in Articles 47 and 50(1) of the Kenyan Constitution. He expressed concern over CAJ's decision to publicly release adverse findings without first affording the county government an opportunity to present its side.
Orengo further questioned the impartiality of the commission, suggesting it appeared to have relied heavily on complaints from the Siaya County Assembly without sufficiently consulting the County Executive. He emphasized that an independent constitutional body should impartially establish facts, engage all relevant parties, and apply the law objectively rather than adopting one-sided political claims.
He also pointed out the striking resemblance between the original complaint and the commission’s conclusions, raising doubts about the objectivity of the inquiry process. The governor dismissed suggestions that routine administrative decisions by the County Executive could be deemed unlawful merely due to political disagreements.
Moreover, Governor Orengo argued that if CAJ’s advisory opinion intended to produce binding or definitive determinations, the commission would be exceeding its constitutional and legal authority.
The Siaya county government has formally requested that CAJ provide the full advisory opinion, the initial complaint, all supporting evidence, documentation of any opportunities given to the county to respond, and the legal justification for any binding conclusions drawn.
Orengo concluded by urging the commission to adhere strictly to principles of independence, impartiality, and due process. He confirmed the county’s readiness to pursue all necessary legal avenues to challenge the process, findings, and publication of the advisory opinion and any resulting implications.
