Senate Speaker Amason Kingi has rejected an objection by Deputy President Rigathi Gachagua's legal team to prevent Siaya Governor and Senior Counsel James Orengo from representing the National Assembly in the impeachment proceedings.
Kingi ruled that Orengo's participation in the impeachment process in the Senate does not rise to the level of prejudice. “It is trite law ( Laws that are obvious or common knowledge) that he who asserts must prove. In this regard, I wish to observe that the Learned Counsel for the Deputy President did not adduce evidence to prove indeed and demonstrate the allegation of gainful employment. In fact, it is somewhat surprising that the counsel attempted to shift the owners of providing gainful employment to the National Assembly. That argument is untenable,” stated Kingi.
He went on to rule, “The preliminary objection raised on the appearance for the National Assembly of the senior counsel, James Orengo, is hereby dismissed.”
In their objections, Gachagua’s defence team argued that Orengo, as a full-time government servant, should not act as legal counsel in this matter.
The objection was first raised by Paul Muite and backed by lawyer Ndegwa Njiru. The lawyers argued that Orengo would have a conflict of interest if the Siaya Governor was allowed to continue as the lawyer for the National Assembly.
“We are raising an objection to the appearance of senior counsel Orengo to represent the National Assembly, “ asserted Ndegwa Njiru. Njiru characterised the move to have Orengo among the team of lawyers on the National Assembly side as ‘trial by ambush.’
He went on to add, “He is a full-time serving State officer and is legally barred from engaging in meaningful employment. It will be prejudicial to our client if this House were to allow Orengo to represent the National Assembly in these proceedings.”
Njiru asserted, “James Orengo is a full-time serving state officer and is barred from engaging in employment.”
However, the lawyers representing the National Assembly, which Orengo is to lead pushed back arguing that there is no evidence that Orengo is participating in ‘gainful employment.’
“There has been no assertion that learned Senior Counsel James Orengo by representing a party before this house has participated in gainful employment,” stated lawyer Eric Gumbo. He went on to add, “In any case, what evidence has been tendered before this house to speak to that fact?”
This is another blow to Gachagua whose bid to derail the impeachment process in the Senate failed on Tuesday, and a three-judge bench on Wednesday morning also refused to issue orders to halt the process.
Senators are expected to vote on each of the 11 charges facing Gachagua on Thursday, and should they uphold even one, Gachagua will stand impeached.
