DPP stops case barring Orengo counsel

The Director of Public Prosecution (DPP) Noordin Haji has formally withdrawn a suit to have Siaya County Governor James Orengo barred from representing corruption suspects in court serving as a State officer.

Yesterday, the DPP, through special prosecutor James Kihara, informed Anti-Corruption High Court Judge Esther Maina that the decision followed an agreement entered between the governor, the DPP and the Attorney-General pending determination of another suit at the Court of Appeal.

The withdrawal comes at a time the Court of Appeal is expected to make a determination on whether a lawyer working as a public officer can represent a criminal suspect in court.

The dispute between the veteran constitutional lawyer and the State over his appearance in court to represent criminal suspects stemmed from his representation of former Nairobi Governor Evans Kidero and former Kenya Ports Authority Managing Director Daniel Manduku in corruption cases.

Manduku is now a Member of Parliament (MP) for Nyaribari Masaba constituency.

Orengo has in the recent past appearing for several suspects while serving as a State officer. Among other suspects he defended in court include Nakuru Senator Tabitha Karanja over tax evasion, former Transport CS Michael Kamau and Deputy Chief Justice Philomena Mwilu over allegations of corruption.

The decision by the DPP to withdraw various applications seeking to bar Orengo or any other State officer from representing corruption suspects is to allow the Court of Appeal to determine pertinent legal question.

The pending appeal stemmed from a decision of the High Court in Mombasa to bar the Senior Counsel from representing Manduku on account of conflict of interest.

“There is a consent at the Court of Appeal recorded between Office of the Director of Public Prosecution (ODPP), the advocate for Orengo and signed by State counsel of the Attorney-General. It was agreed that the DPP would withdraw all applications of this nature that relate to the ruling delivered by the Mombasa High Court,” said Kihara.

“In that case, the court had held that Orengo, being a State officer, could not appear in anti-corruption matters,” Kihara continued.

The application before Justice Maina sought to block Orengo from appearing at the Anti-Corruption magistrate court to defend Kidero in the multi-million shilling graft cases.

As a consequence to the new developments in the matter the Judge allowed the withdrawal as sought by the DPP.

“l therefore mark the application for revision by the DPP as withdrawn. This file is closed,” Justice Maina said.

The DPP had filed the application at the High Court seeking to bar Senior Counsel Orengo – or any other State officer from representing Kidero in his three corruption cases before the lower court.

Haji had based his argument on Justice Eric Ogola’s decision in Manduku case where he had held that there exists a perception of conflict of interest in Orengo, as a State officer, representing him.

“State officers must avoid conflict of interest and appearance of the same,” said Justice Ogola who noted that State officers (MPs) oversight public officers. He added that state officers who are lawyers ought to operate within the law and the constitution.