Court Bars Orengo and Other Elected Leaders From Defending State Officials in Graft Cases

Delivering his ruling, Justice Ogola stated that such representations contradicted those involved and their constitutional roles.

Court Bars Orengo and Other Elected Leaders From Defending State Officials in Graft Cases
Siaya Senator James Orengo. [Photo/ File]

Mombasa-based High Court has okayed an application by the Director for Public Prosecution (DPP) that elected leaders and other leaders should not legally represent government officers entangled in corruption cases.

On April 27 (today), Justice Eric Ogola barred Orengo and any other government officers from representing the embattled Kenya Ports Authority (KPA) former boss Manduku Daniel in a graft case touching on him. 

According to Justice Ogola, any legal representation by such persons may pose a conflict of interest in their state roles and the constitution they represent. 

Manduku is alleged to have colluded with another staff member to prepare erroneous documents for job evaluation. Manduku in a case dated November 2020 is alleged to have overseen the misappropriation of about Ksh928 million. 

Some elected leaders who have overseen cases for state officials include the Makueni Senator Mutula Kilonzo Junior, Elgeyo Marakwet Senator Kipchumba Murkomen, Senator Orengo of Siaya, and MP Daniel Kitonga Maanzo.

In 2019, President Kenyatta warned against state officers representing their colleagues in graft cases. The president further urged the Attorney-General to draft a Bill barring such things.