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Orengo versus Oduol fight escalates to the High Court

Siaya Governor James Orengo (left) and his Deputy William Oduol. The two are embroiled in a power war with supporters of Mr Oduol accusing the governor of sidelining his principal assistant.

Photo credit: File | Nation Media Group.

Three Kenyans have petitioned the High Court to declare Siaya Governor James Orengo unfit to hold public office for violating the Constitution and the rights of Deputy Governor William Oduol.

The petitioners, Peter Odhiambo, Erick Onyango and Elizabeth Akinyi, filed the case under certificate of urgency, stating that as things stand in Siaya County, the 2010 Constitution is being grossly violated.

Apart from declaring the county boss unfit to hold public office, the petitioners also requested for the reinstatement of Mr Oduol's privileges and allowances and to allow him to discharge his constitutional duties; provide him with an official residence or housing allowances in line with the provisions of the Constitution. 

The petitioners have listed Mr Orengo and Siaya County Government as first and second respondents, while Mr Oduol and the Ethics and Anti-Corruption Commission (EACC) are listed as first and second interested parties.

The petitioners also want the court to order the Siaya County government to pay Mr Oduol general damages for wrongful acts.

The trio have also claimed that apart from being stripped of privileges, Mr Oduol's office has no water or electricity, a factor that has degraded him. 

"The 1st respondent's action humiliates and lowers the dignity and stature of the office he holds as the Chairman of the Deputy Governor's Forum in Kenya," reads part of the 31-page affidavit.

Speaking to the Nation in a telephone interview, the petitioners' lawyer Edward Nyakeriga said the recent actions meted out to Mr Oduol have humiliated him and lowered his dignity.

"The deputy governor does not have a chase car, which he is entitled to; his security has been withdrawn, leaving him exposed. He is a public servant who is supposed to perform his constitutional duties," the lawyer said.

The petitioners also want the court to compel the EACC to commence investigations into the activities of the county boss and officers under him and to institute criminal and civil proceedings against him.

The petition comes at a time when Mr Orengo and Mr Oduol are at loggerheads. 

Last week, Mr Oduol claimed that on April 27, security officers and thugs prevented him from attending a cabinet meeting after he was officially invited by the county secretary.

"It is so sad that we have come this far. I was blocked by security officers and some thugs on my way to the Governor's Council Chamber where the meeting was to be held," he said in an earlier press conference.

He continued: "If the meeting had been held at Mr Orengo's home in Nyawara, I would not have bothered to attend, but any cabinet meeting held at the headquarters is a constitutional mandate for the deputy governor to attend.

 Mr Oduol claims that 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 had earlier summoned Mr Oduol to appear before it to explain allegations of gross corruption in the executive.

 He produced three files of documents that allegedly showed irregular transactions that have taken place since Mr Orengo's administration took over from former governor Cornel Rasanga.

 "I presented evidence to the county assembly. It is absurd that we were elected to make things work for the people and here we are promoting the same ills that we promised to end; how do you explain a situation where one person is withdrawing Sh900,000 from a bank account six times a day and there is no explanation of what the money is for?" asked Mr Oduol.

 The relationship between Governor Orengo and his deputy thawed after just five months in office; Mr Oduol had also raised concerns with elders, opinion leaders and former elected leaders from his Alego Usonga clan.

The elders gave Mr Orengo a two-week ultimatum to include his deputy in running the government or they would call for a mass action against the county boss.

 The ODM party settled on Mr Oduol as its preferred candidate for the Orengo governorship ahead of the 9 August polls.

 Mr Oduol, a skilled ground mobiliser, won the party's 2013 nominations against Siaya Senator Oburu Oginga before Mr Rasanga was controversially given the ticket; giving him the running mate ticket was a way of incorporating his popularity and political power he had gained in favour of the Orange candidate who was facing former Rarieda MP Nicholas Gumbo.

Eng Gumbo posed a threat after siding with former police spokesman Charles Owino, who had crisscrossed Siaya in a bid to become the county boss; Mr Oduol, on the other hand, had begun campaigns to unseat current Alego Usonga MP Samuel Atandi.

 Before returning to the murky waters of Siaya politics in 2022, Mr Oduol, a former CEO of Westcon-Comstor Africa, was appointed regional president of multinational technology and marketing firm Gorilla Corporation in 2020 to lead its expansion into the Middle East and Africa (MEA) market.