Conflict of interest? Legislators who have represented colleagues in court

The recent representation of Nairobi Governor Mike Sonko by a battery of 12 lawyers among them legislators sparked debate in the country.

Among those in the governor's 12-member legal counsel were senators Mutula Kilonzo Jr.(Makueni), Kipchumba Murkomen (Elgeyo Marakwet) and Makueni MP Dan Maanzo among others.

A section of Kenyans accused the senators and MPs of conflict of interest for representing a county official whose operations they should be overseeing.

The debate further intensified on Thursday during the Jamhuri Day celebrations when President Uhuru Kenyatta publicly told off legislators who have been representing governors in court citing conflict of interest.

A stern Uhuru said state and public officers are trustees of the people with a Constitutional, statutory and moral duty to administer public affairs and resources.

In an apparent reference to the senators who recently represented Nairobi Governor Mike Sonko in his Sh357 million graft case, Uhuru said he Constitutional order is a jealous one which demands state officers serve no other master than it.

Below is a list of legislators who have represented their colleagues in court in their own individual capacity.

The August 8, 2017, presidential election petition filed by National Super Alliance (NASA) candidate, Raila Odinga, saw the interested parties assemble teams of Kenya’s top legal mind​s.

Among the legal team of nine lawyers was Siaya Senator James Orengo and Busia Senator Amos Wako.

Orengo was a 2002 Social Democratic Party (SDP) presidential candidate and well-known fighter of the ‘second liberation’ and the current Siaya Senator.

Having represented the constituents of Ugenya four times in parliament, the University of Nairobi law student now the Minority Leader is considered among the most respected lawyers in the country.

Amos Wako

He has been the Attorney General of Kenya for two decades under both the Moi and Kibaki governments from May 1991 to August 2011.

He is the current senator of Busia County.

During his reign as AG, the 73-year-old, Master of Law student from the University of London, was an advocate of the High Court and a member of the International Commission of Jurists.

BUSIA GOVERNOR'S CASE

Orengo on May 6, 2018, represented Busia Governor Sospeter Ojaamong in a corruption case.

Ojaamong had denied charges of abuse of office, conspiracy to commit an economic crime and engaging in a project without proper planning.

He was charged at Milimani Law Courts alongside other county officials.

KIDERO'S CASE

Ever since leaving office as Nairobi governor two years ago, Evans Kidero has been battling fraud cases while he was in office.

Orengo has been a permanent fixture on the ex-governor's side as he fights to have him off the hook.

Kidero in July 2019 contested the legality of some of the bank statements the prosecution seeks to rely on to prove an Sh213 million graft case against him.

Orengo argued that they are not certified and cannot, therefore, be used as evidence before a court of law.

“The prosecution should not refer to the bank statements in their case because they have not complied with requirements set out in the Evidence Act,” lawyer Orengo for Mr Kidero told Anti-corruption Chief Magistrate Douglas Ogoti.

The President on Thursday insisted professionals who take state or public offices should give up private practice and devote their full-time energy and focus on public duties without the perception that they are using their offices as a platform to advance personal interests.

"One cannot serve as a legislator at the national or county level while at the same time practising law, whether or not for gain," Uhuru said.

The President further directed the Attorney General to fast track the submission to cabinet for approval to parliament the law on conflict of interest which has already been subjected to stakeholder consultation.