BY SAM ALFAN.
Siaya Senator James Orengo has opposed an application by the Director of Public Prosecution seeking to bar him from representing former Transport Cabinet Secretary Michael Kamau in a graft case.
Orengo said claims by DPP Haji on conflict of interest due to his role as a Senate Minority leader and representation of Kamau in the graft case is not factual. He said the prosecution has not set out the alleged facts which demonstrates the said conflict of interest by his representation to the former CS Kamau.
He said the charges facing Kamau which are alleged to have taken place between year 2011 and 2014 has never been subject of the senate in its oversight role and in any event, the senate’s oversight role is not exercised retrospectively.
“I am not a member of Parliament’s Public Investment and Public Accounts Committees and suggestions that the charges against Kamau would be subject of the said committees or would be considered by the said committees is false, speculative and hypothetical,” said Orengo.
He further added that senate oversight offices are not private citizens whose actions can be subjected to the court of law if alleged to have been done or omitted to be done lawfully or procedurally.
He added that the ruling by the Mombasa court, which barred him from representing Daniel Manduku, are not applicable in the Kamau case whose facts are different compared in the former CS case.
SC Orengo further told the court that senators are elected leaders who are not state offices like judges, magistrates, state counsels or other advocates who are employed by the government.
DPP argued that the continued representation of Kamau by Senator Orengo in the trial raises questions of conflict of interest and violation of chapter 6 of the Constitution.
“Sen James Aggrey Bob Orengo S.C be barred from continuing to act for Michael Sistu Mwaura Kamau in ACC no 7/2018 pending before the Chief Magistrate Anti-corruption Court,” Haji urged the court.
Haji cited conflict of interest by the senator who also plays a legislative role under his capacity as Senator.
He also said Orengo represents the people of Siaya County in Parliament as their Senator and he is the Minority Leader of the Senate and as such, a State Officer who occupies a position of trust by virtue of his office.
Sen Orengo is bound to ensure that all State organs, State officers, public officers and all persons whenever they make or implement public policy decisions, they should observe good governance, integrity, transparency and accountability and in doing so the respondent (Orengo) is expected to exercise authority conferred upon him in a manner that is consistent with the purpose and objects the Constitution,” said Haji.
Through Senior Prosecutor Vera Omollo, Haji claimed that the trial Magistrate declined to certify the matter urgent hence allowing the continued representation before dispensation of the application seeking to bar representation of the Kamau by Senator Orengo.
“The order by the trial court to proceed with the hearing of the criminal case no.7 of 2018 before a determination on the pertinent issue of conflict of interest in the Representation of the interested party by the Respondent is incorrect, illegal, improper and in violation of chapter 6 of the Constitution and section 26 of the Leadership and Integrity Act,” she submitted.
She added that if the application is not immediately disposed of, it will defeat the ends of justice because the trial is coming up for hearing.
According to Vera, application raises fundamental questions of law that require immediate determination since the practice we intend to curtail threatens the ongoing war against corruption thus the need to dispose of the matter urgently.
