A strongly worded open letter addressed to Siaya Governor James Orengo has ignited national debate over the boundaries between political leadership and the rule of law, following the recent attack on Vihiga Senator Godfrey Osotsi in Kisumu.
The letter, which directly challenges Governor Orengo’s actions after the incident, raises serious questions about due process, constitutional authority, and the growing tension between political influence and criminal investigations in Kenya.
Below is the original open letter by MCA Robert Alai as issued, presented in full.
OPEN LETTER TO GOVERNOR JAMES ORENGO ON THE ATTACK ON SENATOR GODFREY OSOTSI
I have today written a detailed open letter to the Governor of Siaya County, James Orengo
@orengo_james , questioning the intent, objectivity, and legal soundness of his formal complaint dated 10th April, 2026, addressed to the Nyanza Regional Police Commander demanding the immediate arrest of Willis Akoth, alias “Boi Akoth,” and the investigation of Interior Principal Secretary Raymond Omollo over the attack on Vihiga Senator Hon. Godfrey Osotsi in Kisumu.
Let me be absolutely clear: I condemn without reservation the cowardly attack on Senator Osotsi at Java House, West End Mall, Kisumu on 8th April, 2026. Every Kenyan, regardless of political affiliation, deserves to move freely and safely in this country. Those who attacked the Senator must face the full force of the law, but through proper legal channels, not through the political directives of a Governor, writing on official letterhead, instructing the police on whom to arrest.
What Governor Orengo has done is dangerous. He has written to the police as Governor, not as a lawyer, not as a witness, not as the complainant, demanding the arrest of a specific individual based on social media mentions and newspaper reports. He has pointed a finger at a Principal Secretary without a shred of admissible evidence. He has prejudged the guilt of individuals before any investigation has been concluded, any identification parade has been conducted, or any charge has been preferred.
This is not justice. This is political prosecution dressed in the language of human rights.
I have asked Governor Orengo the following questions in my letter, and I ask them again publicly:
1️⃣ WHAT IS YOUR STANDING? You are not the complainant. You are not a witness. You are the Governor of Siaya, a county with no jurisdiction over a crime committed in Kisumu. Why are you directing the police?
2️⃣ WHERE IS YOUR EVIDENCE? You claim that “clear photographic evidence and CCTV footage” place Boi Akoth at the scene, coordinating the attack. Have you viewed this evidence? In what capacity? Has it been forensically authenticated? The DCI has confirmed forensic analysis is ongoing. How have you arrived at your conclusions before the investigators have arrived at theirs?
3️⃣ WHAT HAPPENED TO DUE PROCESS? As a Senior Counsel, you know that the presumption of innocence under Article 50(2)(a) of the Constitution is not optional. You know that the DPP, not a Governor, has the constitutional authority to direct investigations and prosecutions under Article 157. You know that arrest is a last resort, not a first response. Yet your letter demands the opposite of everything you have preached for 40 years. Were you ever a genuine human rights defender, Governor, or were you just a politician who used human rights when it was convenient?
4️⃣ WHAT ABOUT THE SUSPECTS’ RIGHTS? Three young men, Carlos Owiti, Eric Otieno, and Vincent Odhiambo, are currently detained at Kisumu Central Police Station. Their defence lawyers told the court that they presented themselves VOLUNTARILY to the police. They told the court that the COMPLAINANT, Senator Osotsi, had NOT even recorded a statement. They told the court that NO identification parade had been conducted. Yet these young men are being held under charges of robbery with violence, a capital offence. Is this justice, Governor? Is this the Kenya you fought for?
5️⃣ WHAT ABOUT YOUR OWN GOONS? Governor Orengo, your political camp has its own mobilisers, enforcers, and individuals who openly brag about their ability to deploy groups of youths. The Interior CS Murkomen has publicly stated that intelligence reports show opposition leaders routinely move with groups of hired individuals. Are you willing to demand the arrest of your own associates? Or is your version of justice a one-way street that only leads to your opponents?
6️⃣ WHY ISN’T OSOTSI COOPERATING? If this attack was as straightforward as you claim, why had the complainant not recorded a formal police statement by the time the suspects were arraigned? Why is the prosecution relying on custodial orders instead of substantive charges? Justice requires the active cooperation of the complainant, not theatrical press conferences and political letters from allied Governors.
Governor Orengo, you cannot be a human rights champion on Monday and a political persecutor on Tuesday. You cannot demand due process when your allies are arrested and demand mob justice when your opponents are accused. You cannot use your gubernatorial letterhead to direct criminal investigations without undermining the very Constitution you swore to uphold.
The case of political goons in Kisumu is a serious national issue. It will not be solved by your letter. It will not be solved by selectively targeting individuals you perceive as enemies. And it will certainly not rescue your struggling political career.
Let the DCI investigate. Let the DPP prosecute. Let the courts adjudicate. And let Governors govern their counties rather than direct the police as personal enforcers.
The full letter is attached below. Read it. Share it. The people of Kenya deserve leaders who stand for justice — not leaders who stand for themselves.
Editors Analysis
Beyond the sharp tone and political undertones, the letter brings to the surface a deeper national conversation about constitutional roles and separation of powers. At its core, the argument challenges whether a sitting governor can—or should—direct police action, particularly in a case outside their jurisdiction.
Kenya’s Constitution clearly assigns investigative authority to agencies like the Directorate of Criminal Investigations (DCI), while prosecutorial powers rest with the Office of the Director of Public Prosecutions (DPP). By raising concerns about a governor allegedly calling for arrests, the letter frames the issue as not just political but constitutional.
The nature of the incident itself further complicates the situation. The attack on Senator Osotsi, which occurred at a public location in Kisumu, has already drawn national attention and condemnation. However, the handling of suspects, questions around evidence, and claims about due process have now added a legal and ethical dimension to the case.
This unfolding controversy is not just about one letter or one incident—it reflects a broader concern about how power is exercised in Kenya’s political landscape. When political leaders appear to influence law enforcement processes, it raises fears about selective justice, abuse of office, and erosion of institutional independence.
At the same time, the letter also touches on sensitive issues such as:
- The presumption of innocence
- Rights of suspects in custody
- The role of complainants in criminal proceedings
- Political influence in security matters
These are not minor concerns—they go to the heart of Kenya’s justice system.
What Happens Next
As the debate continues, attention will likely shift to:
- How investigative agencies handle the case
- Whether due process is strictly followed
- Responses from Governor Orengo and other political actors
- Possible legal or constitutional interpretations of the issues raised
What is clear is that the matter has moved beyond a simple criminal incident and into the realm of national governance, law, and accountability.
In the end, the outcome of this situation may set an important precedent—not just for this case, but for how political authority interacts with the justice system in Kenya going forward.
