The Orange Democratic Movement (ODM) has denied claims by Siaya Governor James Orengo that he personally initiated a court case involving the Political Parties Fund, insisting the legal action was approved and filed by the party.
In a statement released on Tuesday, ODM said its National Executive Committee (NEC) discussed the matter and officially resolved to file the case on behalf of the party.
“We have noted the claim by Gov. James Orengo that he personally initiated the matter. With respect, that position is not accurate,” ODM said.
“The true position as borne out by the Party’s records is that the National Executive Committee deliberated on the issue and formally resolved that the case be filed on behalf of the Party,”added ODM.
The party’s statement followed comments made by Orengo on Monday through his X account, where he credited himself for the legal process that led to the determination of funds allegedly owed to ODM by the government.
ODM said Orengo had initially joined the matter as a senior party member offering legal services voluntarily.
“At the material time, Orengo was brought on board as a senior-ranking member with legal expertise specifically to offer legal services on a pro bono basis. That was the clear understanding,” ODM said.
However, the party claimed the arrangement later changed after Orengo introduced an outside law firm to handle the case.
According to ODM, the law firm later demanded Ksh.40 million in legal fees after winning the matter at the High Court in 2016 and the Court of Appeal in 2018.
“Instead of instituting the proceedings through his own law firm, he conveniently introduced the firm of Ms Julie Soweto, which ultimately filed the petition. From that point, the character of the engagement shifted from what had been understood as a pro bono undertaking into a contractual legal arrangement,” ODM stated.
“The demand came as a surprise to everyone, including the Party Leader the late Raila Odinga who branded Orengo and his team ‘mercenaries’. There was nothing ‘PRO-BONO’,” it added .
ODM further revealed that it is currently involved in a separate legal dispute with the law firm over legal fees amounting to more than Ksh.350 million.
The party also accused Orengo of failing to observe advocate-client confidentiality. “As a Senior Counsel, Gov. Orengo should know that he is bound by the Professional Ethics standards of Advocate-Client confidentiality,” the party stated.
In his Monday statement, Orengo defended his role in the case and said his legal work laid the foundation for the current claims over the Political Parties Fund.
“It is a matter of public record that I personally initiated the legal proceedings on behalf of ODM to determine the funds owed to the party by the Government. The Ksh 12 billion figure exists today only because of the ruling in the case I filed,” Orengo said.
“It is ironic to see the ‘Linda Tumbo’ group now demanding these funds from the President without acknowledging the legal groundwork I laid, choosing instead to target me with personal attacks,” he added.
