Deputy President Rigathi Gachagua’s legal team has objected to senior counsel James Orengo (Siaya Governor) representing the National Assembly.
Lawyer Ndegwa Njiru in his preliminary objection argued that Orengo who is National Assembly lead counsel should be barred on grounds that he is a state officer.
“James Orengo is a full-time serving state officer and is barred from engaging in employment. It would be prejudicial to our client if this house were to allow James Orengo to represent the National Assembly in these proceedings” Ndegwa said.
He further cited similar objections which have been upheld in the past on account of conflict of interest, a case in point being the 2021 high court ruling where Orengo who was the Siaya Senator at the time was barred from representing former Kenya Ports Authority managing director Dr Daniel Manduku facing graft charges.
He also referred to Article 260 of the constitution which bars a full-time state officer from engaging in gainful employment. The Lawyer also objected to the introduction of any new evidence against his client.
Responding to the objection, lawyer Eric Gumbo challenged the defence team to table evidence supporting the claims.
“The Constitution of Kenya article 77 is the primary law that then speaks to the restrictions on activities of state officers. There has been no assertion that learned Senior Counsel James Orengo by representing a party before this house has participated in gainful employment. In any case, what evidence has been tendered before this House to speak to that fact? he posed.
Meanwhile, Deputy President Rigathi Gachagua has pleaded not guilty to the 11 charges levelled against him.
The National Assembly has been allocated a maximum of three hours for presentation of the case and re-examination while the Deputy President will have 2 hours for cross-examination of witnesses.
Thereafter, Senators will be given an opportunity to ask questions or seek clarification from the National Assembly.
Thursday sitting
The DP is scheduled to present his case before the Senate and will have a maximum of three hours for both presentation and re-examination whereas the NA will have two hours for cross-examination of witnesses.
Senators will once again be given an opportunity, following which closing statements by the parties will be made for a period of not exceeding one hour each.
The Senate shall thereafter proceed to debate a special motion before voting on each of the charges.
The Senate has been adjourned until 2.30 pm when the proceedings on the proposed removal from office of Deputy President by impeachment will continue.
Speaker Amason Kingi in his ruling has thrown out the application on the preliminary objections by the Deputy President’s counsels.
He is also set to rule on another objection to businessman Peterson Njomo Muchira affidavit on key evidence regarding the ongoing impeachment motion.
Developing story.
