The Mombasa Supreme Court approved the request of the Office of the Director of Public Prosecution (DPP) to prevent elected leaders and other government officials from appearing in court on behalf of officials accused of corruption.
In his ruling on April 27, Judge Eric Ogolla banned Siaya Senator James Orengo and any other government official to appear or speak on behalf of Daniel Manduku, the former Executive Director of the Kenya Port Authority, on the corruption case he facing.
Judge Ogola ruled that it is unacceptable for government officials to participate in such proceedings as advisers to the defendants.
According to prosecutors, Manduku was suspected of illegally issuing a defective performance appraisal certificate to a worker.
Judge Ogolaa Said,
"It is prohibited for elected leaders to represent government officials accused of corruption, there will be another conflict of interest..."
Elected leaders and other leaders who have previously represented government officials on multiple occasions include Senator James Orengo, Mutula Kilonzo Junior, and Kipchumba Murkomen.
The Law Society of Kenya (LSK) defended the members of the former Nairobi Governor Mike Sonko in a corruption court, saying that their profession was not prohibited.
President Kenyatta pointed out in a speech in 2019 that there was a conflict of interest that led government officials to accuse government officials of corruption cases while in supervisory positions.
The President also ordered Attorney General Paul Kariuki to enact a conflict of interest law that prohibits government officials from engaging in other occupations.
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