In a landmark ruling made on Tuesday, April 27, the High Court sitting in Mombasa issued a directive barring elected leaders from representing public officers facing corruption charges.
While citing conflict of interest in oversight role, Justice Erik Ogola ruled that such participation by State officers as counsels for accused persons would be in conflict with their statutory and Constitutional duty.
The ruling comes as a major win for the Office of the Director of Public Prosecution (ODPP), which sought to have lawyers holding elective positions in Parliament from representing government agency heads accused of graft.
“Justice Eric Ogolla in this regard barred Siaya Senator SC James Orengo and any other state officer from appearing for former @Kenya_Ports CEO Daniel Manduku in a graft case facing him,” tweeted the ODPP.
The former KPA MD Peter Manduku is facing charges of unlawfully awarding tenders for the construction of cargo storage facilities at the Nairobi Inland Container Depot (ICD).
Other State officers who have previously represented public officers accused if graft include Senators Mutula Kilonzo Jr and Kipchumba Murkomen.