This archive report was first published on 11 December 2019.
Published on December 11, 2019, a debate has been raging over the role of two senators in the trial of Nairobi Governor Mike Sonko. The senators, Kipchumba Murkomen and Mutula Kilonzo Jr, have taken up the case as distinguished lawyers and officers of the court.
While it is not illegal for senators to represent governors in court, it raises moral perils that should be addressed. The practice is becoming increasingly common, with senators representing governors in various cases.
For instance, Senator James Orengo has acted for Busia Governor Sospeter Ojaamong in a corruption case, while Senator Okong'o Omogeni has represented Deputy Chief Justice Philomena Mwilu in another corruption case.
The cases test legal and ethical principles, with lawyers free to represent anyone as long as they uphold the principle of confidentiality. However, there are moral and ethical issues that define leadership and relationships in society.
The role of the Senate is to oversee operations of counties, and senators play an oversight role over governors. However, when they represent governors in court, they obtain information not available elsewhere, creating a conflict of interest.
It is a straight case of conflict of interest, and the framers of the Constitution never anticipated this scenario. Since it has become a practical reality, it must be addressed.
Parliament needs to amend Standing Orders to guide MPs who are lawyers on their participation in court matters. Ideally, a senator who has represented a governor on corruption charges should recuse himself or herself when a matter about the fellow is brought to the House.
