Nairobi — Senate Speaker Amason Kingi has permitted Siaya Governor James Orengo to represent the National Assembly in the impeachment motion against Deputy President Rigathi Gachagua.
In his ruling, Kingi dismissed objections raised by Gachagua's counsel, stating that they had failed to demonstrate any prejudice resulting from Orengo's participation in the two-day impeachment proceedings.
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"The learned counsel did not provide evidence that Governor Orengo was engaging in any meaningful employment. In fact, the counsel shifted the burden of proof to the National Assembly. That argument is untenable," the Senate Speaker declared.
Kingi also dismissed Gachagua's legal team's citation on the National Assembly Majority Whip, Sylvanus Osoro, representing Kisii Deputy Governor Robert Monda and noted a clear conflict of interest in that case.
"What was objectionable was that Hon. Osoro was not only a member of parliament for a constituency in the same county, but also a high-ranking member of the National Assembly leadership,"the Senate Speaker said.
Gachagua's team had raised concerns over Governor Orengo's role as a state officer, asserting that past decisions had barred public and state officers from representing clients in the assembly due to potential conflicts of interest.
"Governor James Orengo is a full-time state officer as defined by Article 260 of the constitution, which prohibits such officers from engaging in meaningful employment. Allowing him to represent the National Assembly in these proceedings would be prejudicial," Lawyer Ndegwa Njiru argued.
Njiru referenced the recent case of Kisii Deputy Governor Robert Monda, in which Kingi upheld an objection by Nandi Senator Samson Cherargei, preventing Osoro from representing the Deputy Governor.
"Recently, this house, a record of precedence, upheld an objection during the impeachment of the Kisii Deputy Governor, which involved the county assembly attempting to be represented by legal counsel Sylvanus Osoro, as raised by Senator Cherargei," he said.
Additionally, Gachagua's counsel pointed to a High Court ruling by Justice Ogolla that barred Orengo from representing Kenya Ports Authority Managing Director Daniel Manduku.
"A person engaged in direct employment cannot purport to appear and represent a party before this assembly. This would create a serious conflict of interest, prejudice our client, and violate key legal provisions," Njiru remarked.
National Assembly legal counsel on the impeachment motion argued there's no evidence to signify Governor Orengo would gainfully benefit in representing MPs.
"There has been no assertions that learned counsel James Orengo by representing a party before this house has precipitated into gainful employment,"
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On political neutrality,the legal counsel opposed the preliminary objection, saying it doesn't stand any merit explaining there would be no conflict of interest even if the Siaya Governor would pursue a political agenda.
"Honourable James Orengo holds an elective position,the honorable senators are elected and politicians.Even if it was assumed that Orengo is pursuing a political agenda,it will not affect political neutrality of the Senate,"
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