Siaya Governor James Orengo has formally challenged an advisory opinion issued by the Commission on Administrative Justice (CAJ) concerning county appointments, citing concerns over procedural fairness and independence.

In a letter dated August 12, addressed to CAJ Chairperson Charles Dulo, Orengo questioned how the commission arrived at adverse findings against his administration without providing the county government a chance to respond to the allegations or review the full advisory opinion.

Concerns Over Fair Hearing and Independence

  • Orengo emphasized that the county government was not formally furnished with the advisory opinion nor given a meaningful opportunity to address the evidence underlying the commission's conclusions.
  • He cited constitutional provisions, including Article 47 guaranteeing lawful and fair administrative action, and Article 50(1) securing the right to a fair hearing, arguing these protections extend to proceedings by CAJ.
  • The governor criticized CAJ's apparent reliance on allegations originating from the politically affiliated Siaya County Assembly, urging that the commission independently establish facts and hear all parties impartially.

Rejecting Claims of Institutional Crisis

Orengo dismissed suggestions that disputes over county appointments signify an institutional crisis. He maintained that lawful administrative decisions within the County Executive’s mandate should not be deemed unlawful solely due to political contestation.

Demand for Transparency and Legal Boundaries

  • The Siaya County Government has requested the full advisory opinion, original complaint, all supporting evidence, and documentation of any notices or opportunities given to respond.
  • Orengo questioned whether CAJ may have exceeded its advisory mandate if the opinion contained binding or determinative findings.
  • The governor reserved the right to pursue all appropriate legal remedies concerning the process and publication of the advisory opinion.

He concluded by urging CAJ to uphold principles of independence, impartiality, due process, and respect for constitutional limits, highlighting that these standards must also govern the institution tasked with protecting administrative justice.