Deputy President Rigathi Gachagua raided the bank accounts of his late brother former Nyeri Governor Nderitu Gachagua and used the funds acquired to buy various properties, the Senate heard Wednesday.
Senior Counsel James Orengo, who led the National Assembly case before the plenary sitting of the Senate, said Gachagua had visited his ailing brother at a London Hospital and made him to sign a will a few days before he died.
He said fellow executors of the deceased’s will Njoroge Regeru and Mwai Mathenge had raised objections in the manner in which he was conducting himself as far as handling of his late brother’s properties was concerned.
“In February 2017, the Deputy President traveled to London and went to the bedside of his sick brother where he made him sign a will and did not even speak to his doctors, in fact by the time the former Governor died, he was already withdrawing money from his accounts,” said Orengo.
Counsel for the Deputy President Elisha Ongoya rebutted Orengo’s claims stating that the Deputy President needed to be treated with common decency. Ongoya said the matter raised was meant to whip up Senators’ emotions as they discharge their constitutional mandate.
“The constitution expects the mover of the motion to make allegations and supply credible evidence of any extreme wrongdoing, the motion before you has fallen short of expectations with the material before you not sufficient, there is no name of proxies, no affidavits or complaints by agencies to the Senate,” said Ongoya.
Orengo proceeded to prosecute his case saying the impeachment of a president, Deputy President, Governor or Deputy Governor is an exclusive jurisdiction handed to the Senate which is the trial court and that it is the repository of the law when it comes to impeachment of state officers.
“The constitution not only addresses the rights but fears of the people of Kenya. After a long struggle by the people of Kenya, Article 75 of the constitution relating to the oath of office of state officers states that before assuming office, a person shall take oath of office as prescribed in the constitution,” said Orengo.
He told the House that the president and deputy president are elected at the Constituency level but serve the entire nation but Gachagua has carried the image of representing a particular area which is a clear violation of the constitution.
He said the relationship between the President and Deputy President should be symbiotic as underlined in the constitution and that it is uncontestable that the words Gachagua uttered likening a country to a company with shareholders do not sit well with the requirements of the constitution.
He pointed out that on the question of collective responsibility, the Deputy President is a member of the National Security Council wondering why Gachagua would discuss the conduct of the director general of the National Intelligence Service (NIS) in a public forum yet his oath of office requires him to keep levels of confidentialities on matters of national security.
“I would like the Senate to look at the utterances of the Deputy President in regard to the requirements of the constitution, he has also displayed several cases of insubordination against the President a case in point is his press conference in Mombasa after the President had spoken in Nairobi,” said Orengo.
He said the constitution is supposed to work which can only be achieved with State officers being compliant to the provisions of the constitution and that they are collectively and individually answerable to the President and that a strong case had been made for the impeachment of the President.
Ongoya sought to discredit Orengo’s case asking whether there was sufficient evidence of gross misconduct and violation of the constitution by the Deputy President noting the mover of the motion had not provided any tangible evidence to prove insubordination by Gachagua.
Ongoya said Senators will be told that there was a tender of mosquito nets which had already been cancelled wondering how could Gachagua influence a tender that had already been cancelled terming it the most embarrassing motion approved by a Parliament in the Commonwealth.
“You will be told the Deputy President acquired 40 acres of land in Nyeri County which he acquired in 2015 from a current Member of Parliament and is supposed to be evidence that in the last two years, he has been in office he has amassed questionable wealth,” said Ongoya.
He said the contract for renovation of official Deputy President residences in Nairobi and Mombasa was signed by the State House Controller and the funds had been approved by Parliament and that Gachagua was not involved in the matter terming the allegation ridiculous.
“The Senate acquires its name from a Latin word meaning old man and that if it lives true to its meaning it will see through these ridiculous, falsehood and embarrassing allegations made, I ask you to be true to your oath of office by looking through this evidence and dismiss this motion,” said Ongoya.
Gachagua's defence team had earlier contested the appearance of Orengo as the lead counsel for the National Assembly arguing that he is serving as a full-time state officer and therefore, unqualified to lead the defence team of the National Assembly.
Senate Speaker Amason Kingi rejected the plea arguing that there was no evidence tabled to prove that Orengo was involved in gainful employment.
Lawyer Ndegwa Njiru asked Kingi to rule on the introduction of fresh evidence saying it will prejudice their quest for justice.
Kingi dismissed the request thereby allowing fresh evidence against Gachagua.
