The Orange Democratic Movement (ODM) has issued a clarification disputing claims by Siaya Governor James Orengo regarding his role in a case on Political Parties Fund allocations.

In a statement on Tuesday, ODM said the decision to file the case was not an individual initiative but a collective resolution of the party’s National Executive Committee (NEC).

“We need to set the record straight regarding the Political Parties Fund case that the Party successfully litigated,” ODM said.

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The party said the NEC deliberated on the matter and formally resolved that the case be filed on behalf of the party, adding that Orengo was brought in later due to his legal expertise.

According to ODM, Orengo’s role was initially understood to be on a pro bono basis. However, the party claims the nature of the engagement changed after a different law firm was brought on board to handle the matter.

“At the material time, Gov. 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,” the statement read.

ODM further stated that the proceedings were eventually filed by an external law firm, shifting what had been a pro bono arrangement into a contractual legal engagement.

The party said that following favourable rulings in both the High Court and the Court of Appeal, demands for legal fees were made, leading to payments amounting to Sh40 million to the firm involved.

“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 said.

The clarification comes a day after Orengo maintained that he personally initiated the legal proceedings that led to the determination of funds owed to the party.

“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,” Orengo said.

He added that the Sh12 billion figure exists today only because of the ruling in the case I filed, arguing that his contribution had not been adequately acknowledged.

ODM, however, said there is documented evidence showing that payments were made for legal services rendered and that the matter has since escalated into a legal dispute.

“The Party now finds itself embroiled in an ongoing legal dispute in the High Court, with a claim of more than Sh350 million for legal representation,” the statement said.

While the party did not directly respond to all of Orengo’s assertions, it emphasised the importance of accuracy in recounting the case’s origins and progression.