
Originally Posted by
Abdula
The thing is that Kabuto seems to be operating of his own free will. If you remember that incident when Oro was in the shower and Kabuto was arguing with him, Kabuto was the one who made the prisoners fight so that Orochimaru would take over the body of the survivor.
Kabuto is also the one who sent Kimimaro to get Sasuke and during the early part of the series such as when Kabuto was talking to Baki or when he failed to capture Sasuke and when Oro sent him to eliminate Shizune. It shows that unlike Oro's other subordinates Kabuto has a lot of free will and that Oro trusts him more than anyone else so he isn't really a 'henchman'.