The Director of Public Prosecution Noordin Haji wants Siaya Senator James Orengo barred from representing former transport Cabinet Secretary Michael Kamau in the graft case against him.
Under certificate of urgency, the DPP argues that the continued representation of Kamau by Senator Orengo in Anti- Corruption case no. 7 of 2018, R vs Michael Sistu Mwaura Kamau raises questions of conflict of interest and violation of chapter 6 of the Constitution since he plays a legislative role under his capacity as Senator.
“Senator James Orengo represents the people of Siaya County in Parliament as their Senator and he is the Minority Leader of the Senate and as such being a State Officer occupies a position of trust by virtue of his office,” says the prosecution.
Through Senior Prosecutor Vera Omollo, the DPP claims that the trial Magistrate declined to certify the matter urgent hence allowing the continued representation before dispensation of the application seeking to bar representation of the Kamau by Senator Orengo.
“The order by the trial court to proceed with the hearing of the criminal case no.7 of 2018 before a determination on the pertinent issue of conflict of interest in the Representation of the interested party by the Respondent is incorrect, illegal, improper and in violation of chapter 6 of the Constitution and section 26 of the Leadership and Integrity Act, ” Vera argues.
The DPP states that Sen Orengo is bound to ensure that all State organs, State officers, Public officers and all persons whenever they make or implement public policy decisions, they should observe good governance, integrity, transparency and accountability and in doing so the Respondent is expected to exercise authority conferred upon him in a manner that is consistent with the purpose and objects the Constitution.