A judge sitting at the Milimani High Court in Nairobi has transferred a leadership dispute pitting Siaya Governor James Orengo and Deputy Governor William Oduol to the Siaya High Court.
Declining to entertain the case by three activists, who have sued Governor Orengo for allegedly frustrating Mr Oduol in the delivery of county services, Justice Hedwiq Ong’udi ruled the case falls within the jurisdiction of the Siaya High Court.
Justice Ong’undi, of the Constitution and Human Rights Division, noted that the complaint is against the governor and the Siaya County government.
"Upon perusal of the pleadings herein, I have noted that the complaint is against the Governor of Siaya County and the Siaya County government. There is a High Court in Siaya County, which should hear the matter. I therefore transfer the file to the Siaya High Court for hearing and determination. The file to be placed before the presiding judge for further directions," he saod.
Last week, Mr Oduol claimed that on April 27, security officers and thugs prevented him from attending a cabinet meeting yet he was officially invited by the county secretary. He claims his fight against alleged misappropriation of funds in the county government is the reason he has been subjected to such treatment.
The Siaya County Assembly earlier summoned Mr Oduol to appear before it to explain allegations of gross corruption in the executive.
The suit against Mr Orengo was filed by three activists who have put him on the spot for allegedly sidelining Mr Oduol in running county affairs.
Peter Agoro, Erick Onyango and Elizabeth Akinyi urge the court to find the county chief unfit to hold public office for allegedly violating the Constitution and Mr Oduol's rights.
The petitioners allege that the governor has subjected his deputy to ridicule and humiliation by tripping him of the privileges of a deputy county boss.
According to the trio, Mr Oduol is unable to contribute to or discuss matters concerning the county as he has been excluded from attending cabinet meetings.
Further, it is alleged tha t Mr Orengo has also unfairly blocked Deputy Governor Oduol from receiving his allowances through the county secretary's office.
As a result, the petitioners say, Mr Oduol has been compelled to use his resources to perform official duties, such as by fuelling his official county government vehicle.
"Without lawful reason or authority, Orengo has deliberately continued to not only frustrate Oduol on service delivery activities but also withhold benefits and allowances payable in his position as the deputy governor and consequently affect the output of the officer," the petition states.
The activists further state that Mr Orengo's actions humiliate and lower the dignity and stature of the office Mr Oduol holds as a member of the Forum of Deputy Governors and that such actions are tantamount to 'killing' devolution.
The petitioners further say the deputy governor has no official residence and has not been receiving the housing allowance allocated to the holder of that office.
"Oduol's security detail was also withdrawn together with his chase car, at the instance of Orengo. This, he says, has left him exposed with no security," states the court papers.
Another claim is that Deputy Governor Oduol's office has no water or electricity, a factor that has degraded him.
The deputy governor has also been denied periodical phone allowances and entertainment allowance, the activists say, adidng his staff have been discriminated against as they do not receive their allowances like their counterparts in the governor's office.
“On account of his conduct, Orengo is unfit to hold office. His deliberate actions of sidelining Oduol while he remains his deputy violate the principle of good governance,” they say. “He has been made a stranger and placed in total darkness in regard to the affairs of Siaya County.”
The petitioners' lawyer, Edward Nyakeriga, claims that the recent actions against Mr Oduol have humiliated him and lowered his dignity.
They now want the Ethics and Anti-Corruption Commission compelled to commence investigations into the activities of the county boss and officers under him, and to institute criminal and civil proceedings against him.
They have also asked the court to issue an order compelling the county boss and the county government to reinstate all privileges and resources to enable Mr Oduol to serve the people of Siaya.
The petitioners further want the court to order the Siaya County government to pay Mr Oduol general damages for wrongful acts.
