Speaker Kingi allows Orengo to go ahead with the impeachment case against Gachagua
Senate Speaker Amason Kingi has dismissed an objection by Deputy President Rigathi Gachagua’s lawyers that sought to bar Siaya Governor James Orengo from representing the National Assembly during the hearing of his impeachment motion.
Gachagua’s lawyer Ndegwa Njiru argued that it would be prejudicial to the DP for Orengo to appear in the matter, noting that the Governor is a serving State officer hence is barred by the Constitution from engaging in any other form of gainful employment.
Further, the lawyer cited precedent in the impeachment proceedings against former Kisii Deputy Governor Richard Monda, in which South Mugirango MP and National Assembly Majority Whip Sylvanus Osoro was barred from appearing for the Kisii County Assembly.
However, in response, attorney Eric Gumbo of the National Assembly pointed to Section 26 of the Leadership and Integrity Act, which defines gainful employment, and stated that attorney Njiru had not provided any proof that Governor Orengo was engaging in such behavior by showing up for the case.
Gumbo therefore argued that Governor Orengo’s involvement in the impeachment process would not harm DP Gachagua in any way. “A full-time State Officer shall not participate in any other gainful employment,”
According to Section 26 of the Leadership and Integrity Act, while Section 26(2) defines “gainful employment” as “work that a person can pursue and perform for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of the State office.” Speaker Kingi made these remarks.
After giving the situation some thought, it is crucial to emphasize that a state officer needs to inspire trust. But the adage “he who asserts must prove” is a cliche. Regarding this, I would like to point out that the Deputy President’s learned counsel failed to present any proof to support the claim of gainful employment.
Counsel’s attempt to transfer the burden of demonstrating gainful employment to the National Assembly is actually a little surprising. That is not a convincing argument. Speaker Kingi continued by stating that because MP Osoro is an elected lawmaker from a constituency in the same county under investigation, he was not permitted to participate in the impeachment proceedings against former Kisii DG Monda.
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