Senate Speaker Amason Kingi has overruled an objection raised by Deputy President Rigathi Gachagua’s legal team, which sought to bar Siaya Governor and Senior Counsel James Orengo from representing the National Assembly in the impeachment proceedings.
In his ruling, Kingi determined that Orengo’s involvement in the Senate’s impeachment process does not amount to any form of prejudice.
“It is trite law (Laws that are obvious or common knowledge) that he who asserts must prove. In this regard, I wish to observe that the Learned Counsel for the Deputy President did not adduce evidence to prove indeed and demonstrate the allegation of gainful employment. In fact, it is somewhat surprising that the counsel attempted to shift the owners of providing gainful employment to the National Assembly. That argument is untenable,” stated Kingi.
“The preliminary objection raised on the appearance for the National Assembly of the senior counsel, James Orengo, is hereby dismissed.”
Gachagua’s defense team argued in their objection that Orengo, being a full-time government official, should not serve as legal counsel in the impeachment proceedings.
The objection was initially raised by Paul Muite and supported by lawyer Ndegwa Njiru. They argued that allowing Orengo, as the Siaya Governor, to represent the National Assembly would create a conflict of interest in the impeachment proceedings.
“We are raising an objection to the appearance of senior counsel Orengo to represent the National Assembly,” said Ndegwa Njiru.
Ndegwa Njiru described the inclusion of Orengo in the National Assembly’s legal team as a form of “trial by ambush,” arguing that it would disadvantage the defense in the impeachment proceedings.
“James Orengo is a full-time serving state officer and is barred from engaging in employment.”
The lawyers representing the National Assembly, led by Orengo, countered the objection by arguing that there is no evidence to suggest that Orengo is engaged in “gainful employment” outside his role as Siaya Governor, and therefore, no conflict of interest exists.
“There has been no assertion that learned Senior Counsel James Orengo by representing a party before this house has participated in gainful employment,” said lawyer Eric Gumbo.
He added, “In any case, what evidence has been tendered before this house to speak to that fact?”
This marks another setback for Gachagua, as his attempts to obstruct the impeachment process in the Senate were unsuccessful on Tuesday. Furthermore, a three-judge panel declined to issue any orders to stop the proceedings on Wednesday morning.
Senators are scheduled to vote on the 11 charges against Gachagua on Thursday. If they affirm even a single charge, Gachagua will be impeached.
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