Lawyer Ahmednasir Abdullahi has expressed disappointment over Senate Speaker Amason Kingi's decision to allow Siaya Governor James Orengo to represent the National Assembly in Deputy President Rigathi Gachagua's impeachment trial.
The trial, which began after the National Assembly impeached Gachagua, has sparked debates over the involvement of Orengo, an elected state officer, in the legal process.
Ahmednasir argued that Speaker Kingi’s ruling went against the clear provisions of the constitution, which states that state officers like Orengo should not represent parties in court or other legal proceedings.
He emphasized that this was a violation of the leadership and integrity standards set out in the constitution, especially since Gachagua is being tried for allegedly flouting the same constitution.
Gachagua's legal team had raised objections to Orengo’s involvement, arguing that it posed a conflict of interest due to his position as governor.
They believed Orengo’s participation would prejudice Gachagua’s defense and that the constitution should be upheld to prevent such conflicts.
The team also pointed out a previous Senate ruling in a similar impeachment case, where an objection to a state officer’s participation was upheld.
However, Speaker Kingi dismissed the objections, stating that the defense had not provided enough evidence to prove that Orengo’s presence would cause prejudice.
He argued that the constitution did not explicitly prevent Orengo from representing the National Assembly in this case, thus allowing him to remain part of the legal team.
Ahmednasir, in his comments on the matter, accused the Speaker of undermining the constitution.
He expressed concern that while Gachagua was facing charges for violating the constitution, the Speaker's decision seemed to ignore clear constitutional guidelines.
He criticized the ruling as “grossly offensive” to the principles of law and governance.
As Gachagua's impeachment trial proceeds, political tensions continue to rise, with various legal experts weighing in on the fairness and legality of the process.
Gachagua's defense team, led by Senior Counsel Paul Muite, has been working hard to challenge the evidence presented against the deputy president.
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