National Assembly Majority Whip Sylvanus Osoro has been blocked from representing Kisii Deputy Governor Dr Robert Monda in the ongoing impeachment trial at the Senate.
The development comes after a section of senators raised concerns over the appearance of the South Mugirango MP as part of the deputy governor’s legal team.
Nandi Senator Samson Cherargei raised a preliminary objection opposing the presence of Mr Osoro at the Senate as his participation in the process will conflict with the Constitution on separation of powers.
The senator’s argument was supported by Kakamega Senator Boni Khalwale and his Nairobi counterpart Edwin Sifuna, adding there is no distinction between the Senate and the National Assembly (NA).
But the DG’s legal team led by Katwa Kigen opposed the objections, saying the Senate and National Assembly are different and Mr Osoro can participate in the process as he will not be prejudicing any matter.
While delivering his ruling, Senate Speaker Amason Kingi said the DG is represented by other counsel, and will not be deprived of his right to legal representation.
“I therefore direct that the Hon Silvanus Osoro, MP cease forthwith to serve as part of the legal team for the Deputy Governor,” said Mr Kingi in the ruling.
In the arguments towards the ruling, the speaker said that Mr Osoro is an MP representing a constituency in Kisii County and a leader both in the county and the national level, holding a senior leadership position in Parliament.
Under Article 93 of the Constitution, said Mr Kingi, Parliament consists of the NA and the Senate and although the two are required to perform their respective functions in accordance with the Constitution, it is the role of Parliament to protect the Constitution and promote democratic governance of the Republic.
He pointed out that the roles of legislation, representation and oversight belong to Parliament and it would not be correct to say the mandates of the Senate and the NA are so distinct that the affairs of county governments and county officials would fall entirely outside the jurisdiction and oversight of the NA.
“For these reasons, I find and rule that it does not promote the purposes, values and principles of the Constitution nor contribute to good governance for the Legislature to put itself in the place where one part of the Legislature serves as a judge in matters relating to integrity in public affairs and members of the other part of the same Legislature act as advocates for State officials party to the matter,” said Mr Kingi.
