Lawyer James Orengo could be blocked from representing Kenya Ports Authority (KPA) Managing Director Daniel Manduku in a graft case following the application of the Director of Public Prosecutions Noordin Haji.
In his application on Wednesday, Haji cited a conflict of interest.
Haji has said that the appearance of the Siaya Senator in court cases involving the KPA boss is against the Chapter Six of the Constitution. Orengo had tried to convince the court to drop the charges against Manduku. Haji now wants Manduku to find a lawyer who is not in government to represent him in court.
"Though the respondent (Mr Orengo) is entitled to practice law, such practice should not conflict with the public interest that he is under the duty to protect," Haji argued in his application through senior assistant DPP Alexander Muteti.
Orengo has, however, said he is entitled to represent Manduku in court as an advocate of the court. He cited that the Advocates Act and the Law Society of Kenya Act do not prohibit an advocated who is a sitting MP from representing a client.
The application comes after President Uhuru Kenyatta asked state officials to keep off legal matters. He said there is no way a lawmaker will be allowed to represent a suspect in court. He made the remarks in reference to Senator Kipchumba Murkomen and his colleague Mutula Kilonzo who represented Nairobi Governor Mike Sonko in the Sh 357 million graft case.