Director of Public Prosecution Noordin Haji, in his relentless war against graft, filed an application barring Siaya Senator James Orengo from representing a corruption suspect in court.
A report published by The Standard, on Thursday, January 23, indicates that Haji wants Orengo thrown out of a case involving Kenya Ports Authority Managing Director Daniel Manduku.
Haji argued that Orengo was a state officer and that it would be a conflict of interest for him to appear in court. The DPP was referring to Kenyatta's directive to Attorney General Paul Kihara to formulate a law on conflict of interest to restrict state officers from attending to other private duties that would affect their service provision.
Manduku is facing charges over an alleged Ksh2.73 billion embezzlement at KPA.
The MD wants the DPP barred from instituting any charges against him, following a comprehensive investigation by the Directorate of Criminal Investigation.
"Though Orengo is entitled to practice law, such practice should not conflict with the public interest that he is under the duty to protect," Haji's application read.
Orengo, however, argued that he was entitled to appear in court because the Advocates Act and the Law Society of Kenya Act do not bar a sitting MP, who is also an advocate from practising law.
"I represent the first interested party in my capacity as an advocate and an officer of this court in accordance with Section 55 of the Advocates Act," the senator proclaimed.
Kenyatta's Conflict of Interest Bill has not yet been passed in the National Assembly nor the Senate, as sittings have not yet been announced.
However, several politicians, such as Meru Senator Mithika Linturi, vowed to shoot it down upon it being presented for discussion.
"We are yet to see the bill, but we should be careful not to make laws for individuals but for posterity. In any case, you cannot tell a lawyer to close his practice, yet our position as MPs is contractual for a period of five years. We will oppose that seriously unless there are other provisions that provide for recovery for loss for non-practice," Linturi argued.
On Thursday, January 16, Haji disclosed that Kenyatta challenged prosecutors to secure high-status convictions in 2020. In the past years, high-profile suspects have been arrested, prosecuted for corruption but the conviction rate fell below expectations.
