Speaker Kingi dismisses Gachagua bid to bar Orengo from impeachment trial

Senate Speaker Amason Kingi has dismissed an objection by Deputy President Rigathi Gachagua’s lawyers that sought to bar Siaya Governor James Orengo from representing the National Assembly during the hearing of his impeachment motion.

Gachagua’s lawyer Ndegwa Njiru argued that it would be prejudicial to the DP for Orengo to appear in the matter, noting that the Governor is a serving State officer hence is barred by the Constitution from engaging in any other form of gainful employment.

Further, the lawyer cited precedent in the impeachment proceedings against former Kisii Deputy Governor Richard Monda, in which South Mugirango MP and National Assembly Majority Whip Sylvanus Osoro was barred from appearing for the Kisii County Assembly.

National Assembly lawyer Eric Gumbo, in response, however cited Section 26 of the Leadership and Integrity Act which defines gainful employment, adding that lawyer Njiru had presented no evidence that Governor Orengo was participating in the same by appearing in the matter.

Gumbo hence submitted that no prejudice would be occasioned to DP Gachagua by the participation of Governor Orengo in the impeachment proceedings.

Speaker Kingi stated: “Section 26 of the Leadership and Integrity Act provides that ‘a full-time State Officer shall not participate in any other gainful employment’ while Section 26 (2) defines ‘gainful employment’ as - 'work that a person can pursue and perform for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of the State office or which results in the impairment of the judgment of the State officer in the execution of the functions of the State office or results in conflict of interest in terms of section 16.’”

“Having considered the matter, it is important to state that a State Officer must inspire confidence. However, it is trite law 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 and demonstrate the allegation of gainful employment. 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.”

Speaker Kingi went ahead to note that MP Osoro was barred from appearing in the impeachment proceedings against former Kisii DG Monda since he is an elected legislator of a constituency within the same county that was being probed, and is also a high-ranking member of the Bicameral Parliament.

“As rightfully contended by Counsel for the Deputy President, it is true that in both Article 77 of the Constitution and section 26 of the Leadership and Integrity Act, no test of prejudice is expressly provided for. It therefore follows that both the contention of the Counsel for the Deputy President that his side would be prejudiced by the appearance of Senior Counsel James Orengo and the rebuttal by the National Assembly that no prejudice will be occasioned are moot,” added Speaker Kingi.

“Having analysed the preliminary objection raised and for the reasons I have given, the preliminary pbjection raised on the appearance for the National Assembly by Senior Counsel James Orengo is hereby dismissed.”