Kingi rejects Gachagua’s bid to bar Orengo from Senate impeachment trial
By Maureen Kinyanjui |
Njiru had argued that it would be unfair to Gachagua if the Senate allowed Orengo to represent the National Assembly.
Deputy President Rigathi Gachagua has been dealt a blow in his impeachment trial at the Senate after Speaker Amason Kingi declined his request to bar James Orengo from acting as lead counsel for the National Assembly.
Gachagua's legal team had made a preliminary objection to having Orengo as the lead counsel, arguing that he is in another gainful employment, being a state officer and the sitting governor of Siaya County.
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Kingi said that lawyer Ndegwa Njiru, who is representing Gachagua, did not adduce evidence to prove and demonstrate gainful employment on the part of Orengo.
“In fact, it is somewhat surprising that counsel attempted to shift the onus of proving gainful employment to the National Assembly. That argument is untenable,” Kingi said.
The Senate Speaker disagreed with Nijiru that his side would be prejudiced by the appearance of Orengo in the impeachment hearing.
“Having analysed the preliminary objections raised and for the reasons I have given, the preliminary objection raised on the appearance for the National Assembly of Senior Counsel James Orengo is hereby dismissed,” Kingi ruled.
Through his lawyer Ndegwa Njiru, Gachagua had contended that Orengo, as a full-time state officer, should be prohibited from participating in the impeachment proceedings.
He pointed out that Article 260 of the Constitution, together with Section 26 (2) of the Leadership and Integrity Act, prohibits a full-time state officer from engaging in gainful employment.
"We are raising an objection to the appearance of my senior, advocate James Orengo, to represent the National Assembly in these proceedings. James Orengo is a full-time serving state officer and Article 260 of the Constitution and the Leadership and Integrity Act bar state officers from other gainful employment," Njiru stated.
Njiru argued that it would be unfair to Gachagua if the Senate allowed Orengo to represent the National Assembly.
He referred to the Senate's choice to prevent Sylvanus Osoro, the National Assembly Majority Whip, from representing Kisii County Assembly during the impeachment of former deputy governor Robert Monda.
The lawyer also mentioned several court rulings that prohibit state officers from taking on other jobs.
"It will raise serious conflict of interest and will prejudice our client. We plead with you to uphold our objection before the charges are read out to our client," Njiru added.
Gachagua had earlier pleaded not guilty to all 11 charges levelled against him by the National Assembly.
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