Senate Speaker Amason Kingi has overruled the objection raised by Deputy President Rigathi Gachagua’s legal team against Siaya Governor James Orengo, who represents the National Assembly in the Senate’s impeachment proceedings.
“Having analyzed the preliminary objections raised and for the reasons I have given, the preliminary objections raised for the appearance for the National Assembly by Senior Counsel James Orengo is hereby dismissed,’ he said.
While speaking on behalf of Gachagua’s legal team, lawyer Ndegwa Njiru said Orengo is a full-time serving state officer as per Article 216 of the Constitution and the Leadership and Integrity Act.
“Our objection is in line with the conduct of this house, and the records will bear us witness. We are raising an objection to the appearance of Senior Counsel James Orengo to represent the National Assembly in these proceedings because he is a full-time State officer,” Ndegwa Njiru said.
Njiru argued that the Constitution and Section 2 of the Leadership Act bar a full-time state officer from engaging in gainful employment.
“It will be prejudicial to our client if this house allows Orengo to represent the National Assembly,” he said.
He cited the impeachment of Kisii Deputy Governor Dr. Robert Monda, where National Assembly Majority Whip Sylvanus Osoro was blocked from representing him.
Njiru also referred to a 2019 High Court decision barring Orengo from representing the then Director General of the Kenya Ports Authority (KPA).
“The judgment is before this House that a person who is engaged in full-time employment cannot then purport to appear and represent a party before this Assembly,” he said.
Additionally, he explained that Orengo’s appearance would raise a serious conflict of interest, prejudice Gachagua, and violate the law.
“In the ruling I have just cited, the court held that a person engaged full-time as a state officer is barred from representing a party in a private capacity. In that respect, we invite the Speaker to uphold our objection before the charges are read out to our client,” Njiru said.
However, the National Assembly responded arguing that the Constitution and Leadership and Integrity Act does not block Orengo from representing the National Assembly in a Senate.
“It had been argued that by representing a party in an election petition, the Senator will be compromising the political neutrality of his office. I would not agree, Section 23 of this Act is provision on political neutrality expected of appointed State Officers. Orengo holds an elective position, and elected members of the Senate are politicians. The provision of Section 23 does not apply to them,” he quoted a past ruling.
Also Read: Kalonzo Explains Why Gachagua Must Not Resign
Orengo’s Team
The National Assembly picked Orengo as the lead counsel of the legal team to prosecute Gachagua’s impeachment trial in the Senate.
Orengo will be supported by a team consisting of lawyers Eric Gumbo, Peter Wanyana, Paul Nyamondi, and Muthomi Thiankolu.
Other top legal minds in the team include Otiende Amollo, John Makali, and George Murugara, who will support the lawyers.
Also Read: DP Gachagua Clarifies Resigning After Court Ruling
Gachagua Legal Team
On the other hand, Gachagua assembled a legal team comprising 20 lawyers led by Senior Counsel.
Other lawyers in the team include Victor Swanya, George Wandati, Faith Waigwa, Elisha Ongoya, Ndegwa Njiru, George Sakimpa, Murigi Kamande, Willis Otieno, Amos Kisilu, Tom Macharia, and Julia Omwamba.
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