By Renson Buluma

Busia, Kenya: A petition challenging the election of Funyula MP Paul Otuoma will be heard Thursday after Busia Resident Judge Francis Tuiyott sought more time to determine whether Siaya senator James Orengo was qualified to represent the MP.

Lawyers representing the petitioner John Nagafwa Okello questioned the validity of Orengo to appear in court as counsel for Otuoma arguing by virtue of being a Senator, he was a State officer.

While citing various articles of the Constitution, Alex Masika of Masika and Koross advocates, appearing for Okello sought the court interpretation on whether Orengo was qualified by law.

They argued that Orengo being a state officer was not supposed to engage in any gainful employment and therefore, his role in signing affidavit for Otuoma was in breach of the Constitution.

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“Orengo is wearing two hats. One, he is a senator and also wants to appear in court as an advocate. The Constitution is clear that he cannot appeal as counsel because he is not supposed to engage in any gainful employment,” said Masika.

Masika said that everyone had a duty to protect the constitution and therefore, when transgression is against the document it should be raised before the court.

He added that Orengo could not purport to be representing Otuoma on pro bono basis because the MP was a person who could afford to hire a lawyer. He also noted that election petitions were political and therefore, Orengo being a state officer should not take side by representing Otuoma.

But in response, Orengo while acknowledging that he was a senator and thus a state officer maintained that the constitution was not clear on the issue adding that elected MPs and senators have also engaged in gainful activities such as farming.

“There are distinctions that should be made on the matter since the article cited by my learned friend only talks about appointed state officers and not elected,” said Orengo adding: “Nothing has been tabled to indicate that an MP or Senator is a full time or state officer.”