Kisii Deputy Governor Robert Monda faced a major blow after Senate Speaker Amason Kingi locked out National Assembly Majority Whip Sylvanus Osoro from representing him in his impeachment case.
Osoro was part of the five-member legal team led by Senior Counsel Katwa Kigen defending the Kisii Deputy Governor in his impeachment hearing in the Senate plenary.
In the preliminary issues, Nandi Senator Samson Cherargei had sought the guidance of the Speaker citing conflict of interest as Osoro represents a constituency in Kisii County and holds a senior leadership position in the Parliament.
In his ruling, Speaker Kingi pointed out that it would be a conflict of interest for a state officer to be part of Monda’s legal counsel on a matter regarding public affairs.
“I note that the Deputy Governor is represented by other counsel, among them learned counsel Katwa Kigen, and will not be deprived of his right to legal representation. I therefore direct that the Hon.Silvanus Osoro, MP cease forthwith to serve as part of the legal team,” ruled Kingi.
The Senate Speaker explained that even though the roles of the National Assembly and the Senate are not so distinct in oversight matters that a conflict of interest can’t be sighted.
“I find and rule that it does not promote the purposes, values and principles of the Constitution for the Legislature to put itself in the place where one part of the Legislature serves as a judge and members of the other part of the same Legislature act as advocates,” Kingi stated.
On the same breath, the Senate Speaker allowed the request by Kisii County Assembly to summon David Haggai Oyagi, the acting Kisii’s Director, Enforcement and Compliance officer to adduce evidence on abuse of office.
In preliminary issues, MCAs lead legal counsel Peter Ndegwa had requested that Oyagi be summoned to appear before Senate and confirm if the persons who are said to be working in the Deputy Governor’s home are officials in the County.
The Deputy Governor Counsel objected to the summoning of Oyagi arguing it would violate his right to a fair hearing as enshrined in Article 50 of the Constitution.
“Directions are hereby given to the Office of the Clerk to immediately issue the Summons and facilitate the appearance of the Oyagi, in the Senate tomorrow, Thursday, 14 th March,2024 at 2pm,” Kingi directed.
In the allegations, the Deputy Governor has been accused of continuously diverting County enforcement officers from their course of duty to work on his farm.
The charges outlined that there have been at least five officers working on the farm, which has been linked to abuse of office and misuse of the staff of the county.
At the same time, Kingi disallowed the request by the MCA’s legal counsel to expunge certain paragraphs contained in the evidence submitted by the Deputy Governor.
The Ndegwa-led counsel argued that the paragraphs are irrelevant to the current proceedings as the answers were not based on the charges made by the County Assembly.
“The same is disallowed as no prejudice to the County Assembly has been shown. The Senate is competent and will make a determination on the relevance of any evidence adduced before it,” Kingi ruled.”
