Orengo came under fire from a section of Kenyans, including many of his compatriots in the struggle for multiparty democracy in Kenya.

“Today, I fail to understand the kind of Jurisprudence by which Kenya lawyers who have been leading demonstrations to fight against corruption can rationalize defending those accused of corruption. Orengo who has been my comrade in many demonstrations is defending the Busia Governor,” multiparty freedom fighter Timothy Njoya tweeted.

Ojaamong's defence

Njoya was responding after Orengo appeared for Busia Governor Sospeter Ojaamong who is facing corruption charges.

The Senior Counsel is also acting for former CS Michael Kamau who also faces corruption charges.

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However, Mutunga, who was also actively involved in the struggle for multi-partism, defended Orengo’s right to practice law – adding that the constitution presumes suspects to be innocent until proven guilty.

Criminal justice

"Consider that the accused governor is “presumed innocent until the contrary is proved” (Article 50(2)(a); the right “to choose, and be represented by a advocate...”(Article 50(2)(g) as part of our Jurisprudence on criminal justice, therefore...,” read part of Mutunga’s lengthy response.

The former Chief Justice added that he had also been criticised for representing criminals but insisted that constitutional rights must be protected.

“I was once asked why I defended bank robbers as it was morally reprehensible? I realized the questioner didn’t realize that banks, in the eyes of robbers, are robbers, too. I told him I didn’t have a “dog” in that fight...implying I defended the weak... but you are,” he tweeted.