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The Nairobian

Ban senators from representing governors in court, activist say

National

By Daniel Chege | Sep 23, 2024

**Council of Governors chairperson Anne Waiguru.** [File, Standard]

A human rights activist has petitioned the Council of Governors (CoG) to stop Senators who are lawyers from representing county governments and executives in court.

Laban Omusundi of Grassroot Civilian Oversight Initiative in Nakuru has urged governors to cause the recusal of senators involved in civil cases in court.

Omusundi argues that Senators representing governors or counties in court, because they are lawyers, amounts to a conflict of interests.

“All Senators either by themselves or through their law firms who are representing counties in any civil cases in any court in the Republic of Kenya should be recused from those case cases with immediate effect,” reads Omusundi’s petition.

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He adds in his petition that all the taxpayers’ money paid to the Senators as legal fees should be refunded.

Omusundi submits that as a person who tries to enhance good governance, rule of law, and constitutionalism, the habit of Senators siding with county governments is of concern.

“Some Senators who are Advocates have used names of their legal firms to represent some counties in court civil cases,” deposes Omusundi.

He adds that the Senate has its oversight mandate in line with the Constitution.

“They have the mandate to oversee and criticize counties in matters of governance, integrity, public resource usage, and management among others,” he notes.

Omusundi tells the governor’s council that by taking up such legal jobs, senators will be prone to compromise by the governors or county executives.

Omusundi argues that referees (senators) cannot become players in the running of county governments.

Among the Senators who are lawyers include Kisumu’s Tom Ojienda, who has represented Nakuru Governor Susan Kihika in civil court cases against her. Another is Nairobi Senator Edwin Sifuna.

Kenyans have in the past had issues with former lawyer Senators including James Orengo, Kipchumba Murkomen and Mutula Kilonzo Jr.

In 2021, the High Court in Mombasa gave a landmark ruling, barring Senators and Members of Parliament who are lawyers, from representing government officials facing corruption cases.

Apart from legislators, Justice Erick Ogola also barred State officials practicing law from representing their colleagues charged with economic crimes.

Justice Erick Ogola said it was unfortunate that State officers facing economic crimes were being driven to courts in government vehicles and then represented by their colleagues.

“What perception does the public get when the accused person who is charged with economic crimes has, as his counsel, a senator, a State officer driven to court in a motor vehicle bought by the public?” posed Ogola.

Ogola ruled following an application by State counsel Alexander Muteti, who sought to bar then Siaya Senator Orengo from representing a former Kenya Ports Authority (KPA) managing director.

In 2019, the then President Uhuru Kenyatta expressed outrage when Orengo, Murkomen, and Kilonzo Jr appeared in court to represent former Nairobi Governor Mike Sonko.

Nairobi MCAs wanted to impeach Sonko and the motion was expected to go to the Senate where the three were mandated to debate and vote on the motion.