Keep off graft court cases, State officers ordered

The High Court sitting in Mombasa has barred State officers from representing public officers in corruption cases.

Mombasa resident judge Erick Ogola said the move by a State officer to represent a public officer accused of corruption goes against the spirit of Chapter Six of the Constitution.

In the matter, the Director of Public Prosecutions (DPP) Noordin Haji had sought orders to have Siaya Senator James Orengo barred from appearing on behalf of former Kenya Ports Authority (KPA) managing director Daniel Manduku in a corruption case.

“I have carefully considered the application before the court and in my view, a State officer or a public officer shall use the best efforts to avoid, being in a situation where personal interests conflict or appear to conflict with the State officers or public officers official duties, accordingly, it is the finding hereof that the continued representation of the first interested party by the Respondent goes against Section 26, since it is not in dispute that the Respondent herein is a State officer by virtue of him being the elected Senator for Siaya, therefore, the Honourable court is pleased to issue an order barring the respondent —Senator James Aggrey Bob Orengo — or any other State officer from appearing for the petitioner or any of the parties in this matter on account of conflict of interest,” said Justice Ogola.

Justice Ogola said Article 77 (1) of the Constitution provides that a full-time State officer shall not engage in any other gainful employment.

“The court is pleased to find and hold that the continued appearance of the respondent and or any other State officer in these proceedings is against the letter and spirit of Chapter Six of the Constitution, Senator Orengo by virtue of him being elected Senator of Siaya county and a Minority Leader of the Senate, is a full time State officer who is required by law not to engage in any other gainful employment,” he said.

Full time State officer

Ogola said Orengo, by his own admission, was a member of the Senate’s Justice and Legal Affairs Committee which is tasked with admitting complaints, listening to the same and summoning the relevant persons to interrogate them on the complaints levelled against them or their institutions.

“In the present case, the respondent is required by law to sit in the committee that will interrogate the first interested party herein, in the event he is summoned by the Senate,” stated Ogola.

“In my view, this is a tenuous scenario where there is a very thin difference between the interrogator and the advocate.”

Justice Ogola said Orengo on August 28 appeared at the Milimani Chief Magistrate’s court being driven in his official government vehicle (GKB 178E), a grey Toyota Prado registered under the ownership of the National Assembly and appeared on behalf of Manduku.