Siaya Governor Orengo rejects Ombudsman's advisory opinion, threatens legal action

In a statement on Thursday, Orengo said the county government had learned of the purported advisory opinion through its public release but had neither been formally served with the document nor given a meaningful opportunity to respond to the allegations and evidence on which the commission based its conclusions.

The governor argued that the commission had failed to uphold the constitutional principles of fair administrative action and the right to a fair hearing, as guaranteed under Articles 47 and 50(1) of the Constitution.

"It is deeply troubling that a constitutional commission established to safeguard administrative justice would publicly issue adverse findings against a public institution before according that institution the basic right to be heard," Orengo said.

He also questioned the commission's independence, alleging that it appeared to have relied on allegations originating from the Siaya County Assembly without adequately engaging the County Executive before reaching its conclusions.

According to Orengo, an independent constitutional commission should establish facts impartially, hear all parties involved and apply the law independently rather than adopting claims made by one political institution against another.

The governor further claimed there were striking similarities between the original complaint and the commission's conclusions, raising concerns over the objectivity of the process.

Orengo dismissed any suggestion that routine administrative decisions made by the County Executive amounted to unlawful conduct simply because they had become politically contested.

He also argued that if the advisory opinion purported to make binding or determinative findings, the commission had acted beyond its constitutional and statutory mandate.

The county government has formally demanded that the Commission on Administrative Justice provide the complete advisory opinion, the original complaint and supporting documents, all evidence relied upon in reaching its findings, records showing the opportunities allegedly given to the county to respond, and the legal basis for making what it termed determinations beyond the commission's advisory mandate.

The governor said the commission must uphold the principles of independence, impartiality and due process that it is mandated to protect.

Orengo said the County Government of Siaya reserved the right to pursue all appropriate legal remedies over the process, findings, publication and any consequences arising from the purported advisory opinion.