Orengo’s surprise entry rattles Gachagua’s defence team
Deputy President Rigathi Gachagua’s legal team now wants Siaya Governor James Orengo, a Senior Counsel, barred from representing the National Assembly at the DP’s Senate impeachment trial.
Governor Orengo was a surprise inclusion in the team to prosecute the impeachment motion against Mr Gachagua before the Senate on Wednesday morning.
However, the DP’s legal team objected to his presence on the National Assembly’s side.
Mr Orengo is part of a star-studded National Assembly’s legal team led by Paul Nyamodi, Erick Gumbo, Muthomi Thiankolu, Moses Kipkogei, Peter Wanyama, Ken Melly, senior Counsel Otiende Amollo, George Murugara, Samwel Chepkonga, John Makali, Mombasa Woman Representative Zamzam Mohamed and Mwangi Kang’u.
On the DP’s side, the legal team is led by senior counsel Paul Muite, Elisha Ongoya, Tom Macharia, Swanya Victor, Ndegwa Njieru, Faith Waigwa, Amos Kisilu, John Njomo, George Wandati, Andrew Muge, Julia Omwamba, Erick Naibei and Willis Echesa.
But objecting to the Senate Speaker Mr Amason Kingi, DP’s lawyer Mr Ndegwa Njiru argued that the laws bar Mr Orengo from representing the National Assembly because he is a full-time State Officer.
“We object to the appearance of senior Counsel Orengo to represent the National Assembly. He is a full-time serving State officer and is barred by law from engaging in meaningful employment. It will be prejudicial to our client for this House to allow Orengo to represent the National Assembly in these proceedings,” said Mr Njiru.
Mr Njiru provided a case in point that happened recently during the impeachment of Kisii County Deputy Governor, Robert Monda, where an objection was raised over the appearance of MP Sylvanus Osoro for the former, which was sustained by the Senate.
He further pointed out that the High Court had pronounced itself on the matter barring any person engaged in meaningful employment to represent a party before Parliament.
Familiar ground
“A High Court ruled that a person engaged in full-time employment cannot then purport to appear and represent a party before this Assembly. It will raise a serious conflict of interest and prejudice our client and violate clear provisions of the law. In that respect, we invite you Mr Speaker to uphold our objection,” Njiru explained.
Senate Speaker Mr Kingi stated that he would make his ruling on the matter later after the reading of the 11 charges facing DP Gachagua.
This is familiar ground to Mr Orengo, who has handled serious high-profile legal suits, including the presidential election petitions before the Supreme Court, where he successfully represented the then National Super Alliance presidential candidate Mr Raila Odinga against the Independent Electoral and Boundaries Commission (IEBC).
He had led Mr Odinga’s legal team contesting the presidential elections in 2013 before the Supreme Court’s six judges led by Willy Mutunga the then Chief Justice, and in 2022 where he faced the six-judge bench led by the current CJ Martha Koome. He lost both petitions.
Mr Orengo has been a common figure in legal cases that are of public interest following his background as a human rights activist and politician.
The sharp lawyer is normally viewed as an incorruptible individual with his unmatched loyalty to Mr Odinga enabling him to perform and deliver on the interest of the party without any doubt.
He has also been on record criticising the same DP he is to prosecute for the latter’s remarks on Shareholding, which he maintains is to divide the country further and deny some parts of development despite being taxpayers.
And that is why the inclusion of the ODM leader’s close and trusted allies including Rarieda MP Otiende Amollo and his Homa Bay Counterpart Mr Klauma in the prosecution of the impeachment motion against the DP, is also being viewed as a direct involvement of Mr Odinga in the ouster of the Deputy President because they could not have done that without the blessings of the ODM leader.
Both Mr Odinga and President William Ruto have kept off commenting about the ongoing impeachment process, but the direct involvement of their inner circle points to how stakes are high in these proceedings and how the two top leaders are determined to see the process succeed at whatever cost.
Mr Orengo being chosen to lead the National Assembly legal team, however directly pits him against Kenya’s first liberation counterpart and ally, Mr Muite.
Irrespective of the outcome of the impeachment motion against the DP, history will be the judge as two top protagonists of the 2010 constitution battle to either save or hang the DP in a precedent-setting process.
roudia@ke.nationmedia.com
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