Senate Speaker Amason Kingi has thrown out an objection raised by embattled Deputy President Rigathi Gachagua’s legal team to bar Siaya Governor James Orengo from representing the National Assembly in the impeachment hearing.
In his argument, Speaker Kingi noted that Gachagua’s legal team failed to prove that Orengo’s appearance for the National Assembly would prejudice them.
“Having analysed the preliminary objections raised and the reason I have given, the preliminary objection raised for the appearance for the National Assembly for Senior Counsel James Orengo is hereby dismissed,” Kingi stated.
Kingi further explained that Gachagua’s legal team failed to prove claims of gainful employment in regard to Orengo’s appearance for the National Assembly.
“He who asserts must prove, In this regard, I wish to observe that the learned counsel for the Deputy President did not adduce evidence indeed and demonstrate that the allegation of gainful employment. In fact, it is somewhat surprising that the counsel attempted to shift the owners of gainful employment to the National Assembly; that argument is untenable,” he added.
Lawyer Ndegwa Njiru had argued that Orengo was a state officer serving as a first-term governor and past decisions made by the house have squashed attempts of public officers to represent clients in the house due to conflict of interest.
“Governor James Orengo is a full-time serving state officer as per Article 260 of the constitution which bars a full-time state officer from engaging in meaningful employment. It would be prejudicial for this house to allow Orengo to represent the National Assembly in these proceedings,” he said.
Legal battle
Following Kingi’s decision, Orengo will lead a battery of lawyers representing the National Assembly to defend their 11 grounds seeking to eject Gachagua from office.
Orengo will be assisted by other eminent lawyers, including Paul Nyamodi, Eric Gumbo, Moses Kipkogei, Muthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, and Joan Jeruto.
Other members of the legal team are Muriuki Eric Mwirigi, Mwereru Boniface Mawira, Ondago Kevine Otieno, Alex Mbaya, Kennedy Kyalo, and John Mwangi Kang’u.
The designated Members of Parliament attending the proceedings include Rarieda MP Otiende Amollo, George Murugara, Samuel Chepkong’a, John Makali, and Zamzam Mohammed.
Gachagua’s side will also be led by a battery of lawyers led by Senior Counsel Paul Muite, alongside Elisha Ongoya, Ndegwa Njiru, Faith Waigwa, Amos Kisilu, Tom Macharia, Swanya Victor Ogeto, John Njomo, George Wandati, George Sakimpa, Andrew Muge, Eric Naibei, Juliah Omwamba, and Willis Echesa.
Gachagua will be the sole witness for his defence.
