There were holds barred. History was in the making and the man on the cusp of making prosecuting this, Kibwezi West MP Mwengi Mutuse was taking no chances. He assembled all the arsenal he could to ensure that Deputy President Rigathi Gachagua was impeached.
Relying on videos, sworn affidavits, company records and media reports among others, Mutuse moved to convince the masses that Gachagua was unfit to hold public office and his replacement must be sought.
In his step-by-step prosecution of the ouster motion, Mutuse linked Deputy President Rigathi Gachagua’s sons Kevin Rigathi and Keith Ikinu, and other family members to economic crimes and money laundering through proxies.
He argued that Gachagua had given misleading information about being an executor of the estate of his late brother and former Nyeri Governor, Nderitu Gachagua. Mutuse questioned the involvement of Gachagua’s sons in running properties under the estate.
“The children are not listed as executors of the will. One would then wonder, because they are not executors, what are they doing in the operations of the company? It can only show purchase and money laundering,” submitted Mutuse.
The MP also accused the DP’s sons of engaging in illegalities by doing business with the State, contrary to law. He said that Tree Tops Hotel, which had been leased to the Gachagua family, was transacting with government through Kenya Wildlife Service (KWS).
“If you say your children should not transact with government yet you have leased Treetops Hotel under the Kenya Wildlife Service (KWS). Are you not transacting with the government?” posed Mutuse.
The Kibwezi lawmaker also proffered his submission to alleging that the second-in-command’s family was engaged in money laundering simultaneously questioning how the two sons managed to acquire a Sh600 million loan.
“I have looked at the ID numbers of the two sons and I can confirm they are in their early thirties. I want Kenyans, especially Gen Z who were on the streets, to tell me which Kenyans especially a 33-year-old, get security to secure a Sh600 million loan,” he said.
“If a 28-year-old can get into a bank and acquire a Sh600 million loan from a bank, what other reason will show an economic crime has been done?” he queried.
The issue about the Deputy President’s companies was also prosecuted, with Mutuse claiming that Gachagua had registered over twenty companies that were lying idle but meant to transact business with the State through tenders.
“These are special purpose vehicles a for money laundering. They are waiting for a prime day to launder resources from the government…Interestingly, the Deputy President didn’t deny that he owned either of the companies. I am not interested on the time when they were registered but what they have done in the last two years,” Mutuse stated.
And in relation to claims that Gachagua had illegally amassed wealth amounting to Sh5.2 billion, he said that he had failed to prove otherwise, and disputed assertions that the wealth cited in the impeachment motion belonged to the DP's late brother.
In his submissions, Mutuse claimed that the DP “bought off” his late brother’s prime properties and, in some cases even used coercion as a means to an end since assuming the reins. He was convinced that Gachagua was using his brother’s demise to his advantage.
“It’s easy to hide with the dead because the dead can’t come to give evidence. We have documents including the joint will of the executors of the estate. The DP hasn’t told Kenyans that he bought the properties through coercion,” he remarked.
Further, Mutuse poked holes into Gachagua’s list of assets, highlighting and terming his acquisition of Tree Tops Hotels (under lease), Olive Gardens Hotel, Queens Apartments, Wamunyoro Enterprises and Vipingo Garden Beach Resort as questionable.
In his evidence to the House, he sought to demonstrate how the DP Gachagua acquired Aberdare Safari Hotel through transferred ownership at an amount of Sh535 million.
“If buying properties worth Sh5.2 billion in the two years is not reason enough to believe that the Deputy President has committed economic crimes, what other reason will make you believe?” posed Mutuse.
At the same time, Gachagua faced charges of making insightful remarks in public and which have the capacity of dividing the country along ethnic lines. He said to having made inflammatory remarks in Kajiado last year insinuating that the allocation of government jobs and development projects was based on shares based on how the populace of a particular region voted in the 2022 general elections.
“A government is like a company, there is shareholding. Kuna wale who have invested a lot of shares, kuna wale wameweka kidogo, kuna wale wamekataa, lakini wote ni wakenya…wewe uko na Ngómbe yako, ya maziwa, hio ngómbe imezaliwa umeichunga vizuri, umeipatia maji, umeinunulia dairy meal imeanza kukamuliwa. Wewe unatakiwa kuwa wa kwanza kukamua hiyo Ngómbe na kunywa maziwa,” Gachagua I quoted as saying.
He was also accused of undermining the President by making statements that are not in line with government policies. He is cited as having opposed a plan mooted by the Cabinet for the evacuation of those living on Riparian land.
"His Excellency Rigathi Gachagua made contradictory public statements despite being a Member of the Cabinet and being assigned the function of superintending the Nairobi River Riparian Evacuation Order,” the motion by Mutuse read in part.
The DP’s run-ins with Nairobi Governor Johnson Sakaja on the management of the Nairobi were also cited as a ground for Gachagua’s ouster. The DP was accused of interfering with Nairobi operations by allegedly inciting traders against the planned relocation of Wakulima traders to Kangundo market.
"His Excellency Rigathi Gachagua’s inciteful and demeaning public statements and conduct undermine devolution, they undercut the functional and institutional integrity of county governments and unjustifiably vilify and ridicule the leadership of the Nairobi City County Government," stated the mover.
Mutuse was also accused the deputy president of undermining the Judiciary by attacking a judge of the High Court in public. The impeachment motion stated that he made attacks against High Court judge Esther Maina after she determined a case in which the DP was a party.
Justice Maina had ordered the Deputy President to pay Sh200 million alongside his associates.
"His Excellency Rigathi Gachagua’s public attacks against the Judge are impeachable offences to the extent that they undermine the functional and decisional independence of judges, "said Mutuse.
