NAIROBI, Kenya, Oct 16 – Siaya Governor James Orengo is spearheading the legal team representing the National Assembly in the impeachment motion against Deputy President Rigathi Gachagua.
Orengo’s legal team includes prominent lawyers Paul Nyamodi, Eric Gumbo, Moses Kipkogei, Muthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, and Joan Jeruto.
Other members of the legal team are Muriuki Eric Mwirigi, Mwereru Boniface Mawira, Ondago Kevine Otieno, Alex Mbaya, Kennedy Kyalo, and John Mwangi Kang’u.
The designated Members of Parliament attending the proceedings include Rarieda MP Otiende Amollo, George Murugara, Samuel Chepkong’a, John Makali, and Zamzam Mohammed.
The witnesses for the National Assembly are Kibwezi West MP Eckomas Mwengi Mutuse, former KEMSA CEO Andrew Mulwa, Secretary to the Cabinet Mercy Wanjau, Nairobi Governor Johnson Sakaja, and businessman Peterson Njomo Muchira.
On the defense side, Gachagua’s legal team is led by Senior Counsel Paul Muite, alongside Elisha Ongoya, Ndegwa Njiru, Faith Waigwa, Amos Kisilu, Tom Macharia, Swanya Victor Ogeto, John Njomo, George Wandati, George Sakimpa, Andrew Muge, Eric Naibei, Juliah Omwamba, and Willis Echesa.
Gachagua is the sole witness for his defense.
However, Gachagua’s legal team has raised an objection to Governor Orengo’s participation in the proceedings, citing a conflict of interest due to his position as a serving state officer.
Lawyer Ndegwa Njiru argued that Orengo was a state officer serving as a first term governor and past decisions made by the house have squashed attempts of public officers to represent clients in the house due to conflict of interest.
“Governor James Orengo is a full-time serving state officer as per Article 260 of the constitution which bars a full-time state officer from engaging in meaningful employment. It would be prejudicial for this house to allow Orengo to represent National Assembly in these proceedings,” he said.
Njiru cited Kisii Deputy Governor Robert Monda case where Senate Speaker Amason Kingi allowed the preliminary objection raised by Nandi Senator Samson Cherargei to disallow National Assembly Majority Whip Sylvanus Osoro from representing the Deputy Governor.
“Just recently this house which is a house of record during the impeachment of the Kisii Deputy Governor, the county assembly attempted to appear by legal counsel Sylvanus Osoro (South Mugirango MP) which was raised by Senator Cherargei which was sustained,” he said.
Gachagua’s counsel also buttressed his objection based on a High Court ruling by Justice Ogolla barring Governor James Orengo from representing Kenya Ports Authority Managing Director Daniel Manduku.
“A person engaged in direct employment cannot purport to appear and represent a party before this assembly. It will raise serious conflict of interest, the same will prejudice our client and also in violation of key provisions of the law,” Njiru remarked.
