ANALYSIS OF CONFICT OF INTEREST IN THE CASE OF ADVOCATE- LEGISLATORS IN KENYA
Date
2021-03
Authors
CHUI, SALLY NDUTA
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
There are various laws in Kenya that bar public officers from engaging in activities that promote conflict of interest, mainly the Constitution, the Leadership and Integrity Act and the Public Officer Ethics Act. Despite the sufficient provisions provided by the legal instruments to curb advocate-legislators from pursuing their interests above the public’s interest, such cases are still persisting. This study intends to assess the challenge of conflict of interest in the case of advocate-legislators in Kenya.
Description
The President of Kenya, during Jamhuri Day on the 12th of December 2019, addressed the issue of legislators appearing in court as counsels, representing other state officers, in cases that violated the integrity of their office. The cause behind the President’s mention of this subject, was the case in which Senators and Members of Parliament converged in legal teams, defending in court, other high ranking public officers in a legal suit against them. According to news reports, Governor Sonko of Nairobi was charged with graft and abuse of office and had hired two senators who are advocates to represent him in court.3 Other legislators such as
Senator James Orengo have also engaged in the representation of accused state officers in court, like in the case of Philomena Mbete Mwilu v Director of Public Prosecutions who was also charged with graft.