Senate Speaker Amason Kingi has rejected an objection from Deputy President Rigathi Gachagua’s legal team, which aimed to prevent Siaya Governor James Orengo from representing the National Assembly in the hearing of the Deputy President's impeachment motion.
Gachagua’s lawyer, Ndegwa Njiru, argued that Orengo's involvement was unconstitutional because, as a sitting State officer, he is prohibited from taking part in any other form of gainful employment. Njiru referenced a past impeachment case involving former Kisii Deputy Governor Richard Monda, where South Mugirango MP Sylvanus Osoro was barred from representing Kisii County Assembly due to his role as an elected legislator within the same county.
In defense, National Assembly lawyer Eric Gumbo cited Section 26 of the Leadership and Integrity Act, explaining that the definition of gainful employment had not been met, as there was no evidence that Orengo’s participation constituted such. He argued that no harm would come to the Deputy President as a result of Orengo’s involvement.
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Speaker Kingi backed this reasoning, stating that the law defines gainful employment as work that conflicts with the responsibilities of a State officer. He added that Gachagua's legal team had failed to provide proof of any such conflict. Kingi further clarified that Osoro’s disqualification in the Kisii case was due to his position as an elected official within the county under investigation, a unique situation not applicable in this case.
Kingi concluded that both the claim of potential prejudice from Gachagua’s side and the National Assembly's assertion that no harm would result were hypothetical. As such, the objection to Orengo’s participation was dismissed.