A high court in Mombasa has allowed an application by the Director of Public Prosecutions (DPP) seeking to bar elected leaders and other state officers from representing public officials accused of corruption in court.
The ruling by Justice Eric Ogolla on April 27, barred Siaya Senator James Orengo and any other state officer from appearing for former Kenya Ports Authority CEO Daniel Manduku in a graft case facing him.
Justice Ogola ruled that such participation by state officers as counsels for accused persons in such proceedings would be in conflict with their statutory and constitutional duty.
According to the prosecutor, Manduku allegedly colluded with another worker and unlawfully prepared work evaluation certificates that were erroneous.
In this regard, elected leaders and state officers are barred from representing public officers accused of corruption.
The former KPA boss in November 2020, charged afresh over abuse of office in a case where at least Ksh928 Million was allegedly misappropriated.
Some of the State officers who have previously represented public officers in various cases include Senators James Orengo, Kipchumba Murkomen, Mutula Kilonzo Jr and MP Daniel Maanzo.
In 2019, The Law Society of Kenya (LSK) defended its members who represented former Nairobi Governor Mike Sonko in court over a corruption court case saying there is no law barring them from practicing.
Senators Mutula Kilonzo Junior of Makueni and his Elgeyo Marakwet counterpart Kipchumba Murkomen appeared in court as part of Sonko’s legal team in a graft case.
During an address in 2019, President Kenyatta noted that there was a conflict of interest faulting the state officers for participating in corruption cases while serving in positions meant to oversight.
He further directed Attorney General Paul Kariuki to come up with a Conflict of Interest bill seeking to bar public officers from engaging in other professions.
