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{
"id": 1485472,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1485472/?format=api",
"text_counter": 17,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "Learned Counsel submitted that the Hon. James Orengo, SC, is a full-time serving state officer as per Article 260 of the Constitution, as read together with Section 26, Subsection (2), of the Leadership and Integrity Act, which bars a full-time state officer from engaging in any other gainful employment. Counsel further submitted that it would be prejudicial to the Deputy President if the Senate allowed Hon. James Orengo, SC, to represent the National Assembly in these proceedings. Counsel drew the attention of the Senate to the precedent set in the matter of the proposed impeachment of the Deputy Governor of Kisii County, Hon. Richard Monda, in which a decision was taken to bar Hon. Sylvanus Osoro, Majority Whip of the National Assembly and Member of the National Assembly for South Mugirango in Kisii County, from appearing as Counsel for the Kisii County Assembly. In his submission, Counsel cited Article 77 of the Constitution and Section 26 of the Leadership and Integrity Act, as well as the decision of the High Court in Office of the Director of Public Prosecutions versus Orengo; Manduku and 2 others (interested parties) (Constitutional Petition 204 of 2019) (2021) KEHC 456 (KLR) (27 April 2021) (Ruling), where Hon. Justice Ogola found and ruled that the continued representation of the 1st interested party, Mr. Manduku, by the Respondent, Hon. Sen. James Orengo, SC, as he then was or any other state officer is against the spirit of Chapter 6 of the Constitution, for failing to conform to the mandatory provisions of the Leadership and Integrity Act. The judge ruled that in that case, there was an inescapable conclusion of conflict of interest in Senator Orengo representing the Petitioner, highlighted by the fact that the interested party, Mr. Manduku, the Managing Director of Kenya Ports Authority (KPA) may at one time be summoned to appear before a Committee of the Senate to answer to some of the matters that the Petitioner was being investigated on. In response, Mr. Eric Gumbo, Learned Counsel for the National Assembly, submitted that Article 77 of the Constitution is the primary law that restricts activities of state officers and it specifically prohibits a state officer from engaging in other “gainful employment.” Counsel further relied on Section 26 of the Leadership and Integrity Act, which he submitted has defined gainful employment and in this matter no evidence had been laid that the Hon. James Orengo, SC, was participating in gainful employment. Counsel referred the Senate to the decision of the High Court in Busia Election Petition No. 3 of 2013 where the Court interpreted Article 77 of the Constitution and Section 26 of the Leadership and Integrity Act, 2012. Counsel also cited the decision of the court in the Mwilu case, which defined conflict as where one is confronted by two different interests where one is competing with the other. Learned Counsel for the National Assembly submitted further that no prejudice has been demonstrated that would arise or be occasioned to the Deputy President by the participation of Hon. James Orengo, SC, in these proceedings. Learned Counsel for the National Assembly sought to distinguish the decision by Hon. Justice Ogola in the Office of the Director of Public Prosecution Versu Orengo; Manduku and 2 Others (Interested Parties) (Constitution Petition 204 of 2019) on the basis that this case turned on the fact that Hon. James Orengo was at that time a sitting Senator before whom the matters in respect of which his client was charged could The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}