NAIROBI, Kenya- In a surprising twist, Deputy President Rigathi Gachagua’s legal team has objected to Governor James Orengo’s involvement in the National Assembly proceedings, arguing that his position as a state officer disqualifies him from representing clients in court.
The debate highlights a potential conflict of interest, adding another layer of complexity to an already contentious legal battle.
Led by lawyer Ndegwa Njiru, Gachagua’s defense argued that Orengo, currently serving as the Governor of Siaya County, is barred from engaging in external legal representation due to his full-time status as a state officer.
According to Njiru, this restriction is outlined in Article 260 of the Constitution, which prohibits full-time state officers from participating in other employment that could lead to conflicts of interest.
Njiru’s argument rests on the claim that allowing Orengo to represent the National Assembly in this case would undermine the integrity of the legal process.
He emphasized that previous rulings have established clear boundaries around the involvement of state officers in legal representation.
In a notable precedent, Njiru referenced a case involving Kisii Deputy Governor Robert Monda, where Senate Speaker Amason Kingi sustained an objection that disallowed National Assembly Majority Whip Sylvanus Osoro from representing the Deputy Governor due to his position as an MP.
Njiru’s team argued that the same logic should apply in this instance, further claiming that allowing Orengo to proceed would set a dangerous precedent.
“This house has consistently upheld the principle that state officers cannot act as legal counsel in proceedings where conflicts of interest are likely to arise,” Njiru stated.
Gachagua’s legal team also drew upon a recent High Court ruling by Justice Ogolla, which prevented Governor Orengo from representing Kenya Ports Authority Managing Director Daniel Manduku.
In that case, the court ruled that Orengo, as a state officer, could not engage in legal representation that might conflict with his gubernatorial responsibilities.
Njiru reinforced his objection by noting that a governor’s direct employment as a state officer inherently limits their capacity to represent others in legal matters.
“A person engaged in direct employment cannot purport to appear and represent a party before this assembly. It will raise serious conflicts of interest and violate key provisions of the law,” he argued.
With these precedents in mind, Gachagua’s legal team has called for Orengo to be disqualified from representing the National Assembly, warning that allowing such representation would jeopardize the impartiality of the proceedings.
