Senate Speaker Amason Kingi on Wednesday dismissed a preliminary objection by Deputy President Rigathi Gachagua’s defense team seeking to bar Senior Counsel and Siaya Governor James Orengo from representing the National Assembly at the DP's Senate Impeachment trial.
Governor Orengo was a surprise inclusion in the team to prosecute the impeachment motion against Mr Gachagua before the Senate on Wednesday morning.
However, the DP’s legal objected to his presence on the National Assembly’s side.
Mr Orengo is part of a star-studded National Assembly’s legal team led by Paul Nyamodi, Erick Gumbo, Muthoni Thiankolu, Moses Kipkogei, Peter Wanyama, Ken Melly, Senior Counsel Otiende Amollo, Opondo Kaluma, George Murugara, Samwel Chepkonga, John Mkali, Zamzam Mohamed and Mwangi Kang’u.
On the Deputy President’s side, the legal team is led by renowned Lawyer and Safina Party Leader Paul Muite, Elisha Ongoya, Tom Macharia, Swanya Victor, Ndegwa Njieru, Faith Waigwa, Amos Kisilu, John Njomo, George Wandati, Andrew Muge, Julia Omwamba, Erick Naibei and Willis Echesa.
Speaker Kingi allows Governor Orengo to represent National Assembly at DP Gachagua Senate trial
But objecting to the Senate Speaker Amason Kingi, the DP’s lawyer Mr Ndegwa Njiru argued that the laws bars Mr Orengo from representing the National Assembly because he is a full-time serving State Officer.
“We object to the appearance of senior Counsel Orengo to represent the National Assembly. He is a full-time serving State officer and is barred by law from engaging in meaningful employment. It will be prejudicial to our client for this House to allow Orengo to represent the National Assembly in these proceedings,” said Mr Njiru.
Mr Njiru provided a case in point that happened recently during the impeachment of Deputy Governor of Kisii Robert Monda where an objection was raised over the appearance of Sylvanus Osoro for the former which was sustained by the Senate.
He further pointed out that the High Court had pronounced itself on the matter barring any person engaged in meaningful employment to represent a party before Parliament.
“A High Court ruled that a person engaged in full time employment cannot then purport to appear and represent a party before this Assembly. It will raise a serious conflict of interest and prejudice our client and violate clear provisions of the law. In that respect, we invite you Mr Speaker to uphold our objection,” Mr Njiru explained.
But lawyer Erick Gumbo, who is part of the National Assembly’s legal team urged the Senate Speaker to dismiss the objection saying no material evidence had been tabled to illustrate conflict of interest or bias Mr Orengo’s participation in the impeachment process.
“There is no evidence that Orengo will engage in gainful employment by representing the NA. In the absence of any prejudice, we urge that the objection be dismissed. There is no evidence or allegation that Mr Orengo has benefited from his participation as a lawyer in this House. We therefore urge that the objection be dismissed,” said Mr Gumbo.
But in his ruling, Speaker Kingi dismissed the objection on the basis that no evidence had been tabled to prove that the governor was involved in gainful employment through his participation in the process.
According to the Speaker, both the contention by the Counsel of the DP that his side will be prejudiced by the appearance of Mr Orengo and the rebuttal that no prejudice will be occasioned by the same, are all moot.
Having considered the matter, the Speaker stated that it is important to state that a state officer must inspire confidence.
“However it is trite law that he who asserts must prove. In this case, I wish to state that the learned counsel for the Deputy President did not provide evidence to prove gainful employment and in fact tried to push the burden of proof to the National Assembly. That argument is untenable,” said Mr Kingi.
And when he was finally given the greenlight, Mr Orengo savored the moment saying the proceedings presented a momentous occasion in the history of the country.
“For me it is such an occasion for the 13th parliament that it will go down in the onus of history that this Senate undertook the first impeachment of the Deputy President,” said Mr Orengo.
This is a familiar ground to Mr Orengo, who has handled serious high profile legal suits including the presidential election petitions before the Supreme Court where he successfully represented the then National Super alliance presidential candidate Raila Odinga against the Independent Electoral and Boundaries Commission (IEBC) in 2017.
He had led Mr Odinga’s legal team contesting the presidential elections in 2013 before the Supreme Court six judges led by Willy Mutunga the then Chief Justice and the recent one was in 2022 where he faced the six-judge bench led by the current CJ Martha Koome. He lost both the petitions.
Mr Orengo has been a common figure in legal cases that are of public interest following his background as a human rights activist and a politician.
The sharp lawyer is normally viewed as an incorruptible individual with his unmatched loyalty to Mr Odinga enabling him to perform and deliver on the interest of the party without any doubt.
He has also been on record criticizing the same DP he is to prosecute for the latter's remarks on Shareholding which he maintains is to divide the country further and deny some parts development despite being taxpayers.
And that is why the inclusion of ODM leader’s close and trusted allies including Rarieda MP Otiende Amollo and his Homa Bay Town Counterpart Mr Kaluma in the prosecution of the impeachment motion against the DP, is also being viewed as a direct involvement of Mr Odinga in the ouster of the Deputy President because they could not have done that without the blessings of the ODM leader.
Both Mr Odinga and President William Ruto have kept off commenting about the ongoing impeachment process but with the direct involvement of their inner circle, points to how stakes are high in these proceedings and how the two top leaders are determined to see the process succeed at whatever cost.
Mr Orengo being chosen to lead the National Assembly legal team however directly pits him against his Kenya’s first liberation counterpart and ally Mr Muite.
Irrespective of the outcome of the impeachment motion against the DP, history will be the judge as two top protagonists of the 2010 constitution battle to either save or hang the DP in a precedent setting process.
