A High Court sitting in Mombasa on Tuesday, April 27, upheld an application by the Director of Public Prosecution seeking to bar elected leaders and state officers from representing public officers accused of corruption.
The ruling by Justice Eric Ogolla bars Senator James Orengo or any other elected leader or state officer from representing former Kenya Ports Authority CEO Daniel Manduku in court.
The judge stated that the decision by leaders to be involved in such cases is a violation of their statutory and constitutional duty.
The prosecution accused Manduku of colluding with another employee to unlawfully prepare work evaluation certificates that turned out to be erroneous.
In this regard, elected leaders and state officers are barred from representing public officers accused of corruption.
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Manduku was charged a fresh in November 2020, a case where is he is accused of misappropriating Ksh928 million.
Some of the State officers who have previously represented public officers in various cases include Senators James Orengo, Kipchumba Murkomen, Mutula Kilonzo Jr and MP Daniel Maanzo.
In 2019, The Law Society of Kenya (LSK) defended its members who represented former Nairobi Governor Mike Sonko in court over a corruption court case saying there is no law barring them from practicing.
Senators Mutula Kilonzo Junior of Makueni and his Elgeyo Marakwet counterpart Kipchumba Murkomen appeared in court as part of Sonko’s legal team in a graft case.