ODM dismisses Orengo’s claim of initiating legal push for Ksh.12B political parties fund

The Orange Democratic Movement has dismissed claims by Siaya Governor James Orengo that he personally initiated the legal case on the Political Parties Fund, saying the move was a collective party decision.

ODM, in a statement issued Tuesday,  said the case was formally resolved by its National Executive Committee and filed on behalf of the party.

“We have noted the claim by Gov. James Orengo that he personally initiated the matter. With respect, that position is not accurate,” the party said.

“The true position as borne out by the Party’s records is that the National Executive Committee deliberated on the issue and formally resolved that the case be filed on behalf of the Party.”

“At the material time, Orengo was brought on board as a senior-ranking member with legal expertise specifically to offer legal services on a pro bono basis. That was the clear understanding,” ODM said.

However, the party claims the arrangement later changed after Orengo introduced an external law firm which after successful rulings in the High Court in 2016 and the Court of Appeal in 2018, demanded legal fees of Ksh.40 million be paid.

“Instead of instituting the proceedings through his own law firm, he conveniently introduced the firm of Ms Julie Soweto, which ultimately filed the petition. From that point, the character of the engagement shifted from what had been understood as a pro bono undertaking into a contractual legal arrangement," ODM stated.

“The demand came as a surprise to everyone, including the Party Leader the late Raila Odinga who branded Orengo and his team ‘mercenaries’. There was nothing ‘PRO-BONO’."

The party added that it is currently involved in an ongoing legal dispute with the firm over a claim exceeding Ksh.350 million for legal representation.

ODM also raised concerns over professional conduct, urging Orengo to uphold advocate-client confidentiality.

“As a Senior Counsel, Gov. Orengo should know that he is bound by the Professional Ethics standards of Advocate-Client confidentiality,” the party stated.

The remarks by the Orange party came a day after Orengo attributed the success of the award of the Political Party Fund to his legal expertise. 

Taking to his X account, Orengo wrote, “It is a matter of public record that I personally initiated the legal proceedings on behalf of ODM to determine the funds owed to the party by the Government. The Ksh 12 billion figure exists today only because of the ruling in the case I filed,” Orengo said.

“It is ironic to see the 'Linda Tumbo' group now demanding these funds from the President without acknowledging the legal groundwork I laid, choosing instead to target me with personal attacks.”