Senate Speaker Amason Kingi has dismissed preliminary objections raised by Deputy President Rigathi Gachagua’s legal team regarding the inclusion of Governor James Orengo in the National Assembly’s counsel.
In his ruling on Wednesday, Kingi stated that Gachagua’s lawyers did not provide evidence to support their claims that Orengo is engaged in gainful employment, which would bar him from representing the National Assembly.
“The learned counsel for the Deputy President did not present evidence to substantiate the allegation of gainful employment. It is surprising that counsel attempted to shift the burden of proof onto the National Assembly; that argument is untenable,” said Kingi.
One of Gachagua's lawyers, Ndegwa Njiru, argued that allowing Orengo to represent the National Assembly would be prejudicial, citing Orengo’s status as a full-time State Officer.
“We object to the appearance of Senior Counsel Orengo as a representative of the National Assembly. As a full-time state officer, he is legally barred from engaging in other employment. Allowing him to represent the National Assembly in these proceedings would be prejudicial to our client,” said Njiru.
The lawyer further referenced a High Court ruling that individuals in full-time employment cannot represent a party before Parliament.
“A High Court ruling states that a person in full-time employment cannot represent a party in this Assembly. This situation creates a conflict of interest, prejudices our client, and violates clear legal provisions. Therefore, we urge you, Mr. Speaker, to uphold our objection,” he added.
He also cited a precedent during the impeachment hearing of Kisii Deputy Governor Robert Monda, where the Senate accepted an objection regarding Sylvanus Osoro’s representation of the county assembly.
“In the recent impeachment of the Kisii Deputy Governor, this House, which is a house of record, sustained an objection to legal counsel Sylvanus Osoro (South Mugirango MP) raised by Senator Cherargei.”
Orengo is leading a battery of lawyers representing the National Assembly, including Paul Nyamodi, Eric Gumbo, Moses Kipkemoi, Muthomi Thiankolu, Peter Wanyama, Kenny Kipkoech, Joan Cheruto, Erick Mwingi, Bonface Mawira, Kevine Otieno, Alex Mboya, Kennedy Kyalo, and John Mwangi.
The Deputy President's legal team is led by Senior Counsel Paul Muite, along with Elisha Ongoya, Tom Macharia, Victor Swanya, Ndegwa Njiru, John Njomo, Faith Waigwa, Amos Kisilu, George Wandati, George Sakimpa, Andrew Muge, Eric Naibei, Julia Omwamba, and Willis Echesa.
