The system has started devouring Siaya senator James Orengo, who is now facing objection from DPP in a case involving Dr. Evans Kidero.
Kidero is still grappling to clear his name in the Sh58 million graft case in which he hired Orengo to represent him.
The prosecution team is now pushing Orengo to excuse himself. James Kihara who is leading the prosecution team has asked the chief magistrate Douglas Ogoti to expunge Orengo from Kidero’s legal team.
This follows a High Court order by Justice Eric Ogollo barring state officers from representing suspects facing economic crimes.
Kihara who raised an issue of conflict of interest argued that Orengo is a full-time senator and a senate minority leader who by law is barred from engaging in any other gainful employment.
Ogollo, who sits in Mombasa, in his ruling which has become law cited conflict of interest in the oversight role which made that conclusion that persons holding elective positions should be barred from taking the stand to represent civil servants facing corruption cases.
“Such participation by state officers as counsels for accused persons in such proceedings would be in conflict with their statutory and constitutional duty,” Ogollo ruled.
The ruling was made after an application was made by state counsel Alexander Muteti who also was seeking to have Orengo barred from representing the former Kenya Ports Authority boss Daniel Manduku.
However, Kidero has opposed the move to remove Orengo from his legal team. Through lawyer Julie Soweto, Kidero said that the application filed by Kihara led to the misapprehension of the ruling.
Justice Douglas Ogoti who presiding over Kidero’s case asked lawyer Kihara to present the High Court ruling in court when the case will be heard on June 3.
Kidero meanwhile is keen to make a comeback to national politics. From his political activities, Kidero is interested in the Homabay gubernatorial seat.
While Orengo on the other side is facing a rough time convincing ODM members that he is not a traitor.
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