What witnesses will tell MPs at Gachagua's impeachment hearing

A call from Deputy President Rigathi Gachagua to secure a Sh3.7 billion mosquito net tender from Kenya Medical Supplies Authority (KEMSA) through a proxy firm is part of the evidence against the former Mathira MP in his impeachment today in parliament.

The tender, which was irregularly awarded and led to the sacking of KEMSA bosses, was manipulated to ensure Shobikaa Impex Private Ltd—an Indian firm—won the bid in a process closely overseen by Gachagua’s son, Dr Ikuni Rigathi.

Former KEMSA boss Andrew Mulwa explains in the affidavit that the irregularities constrained the donor, the Global Fund, to terminate the procurement proceedings, denying Kenyans access to nets and exposing them to malaria.

“On 13th July 2023, Gachagua called me, his Excellency Rigathi Gachagua called me from his mobile phone number, +254 722 xxx, on my mobile phone number, +254 720 xxx, and pressured me to surrender to his proxy the original bid bond submitted by Shobikaa Impex Ltd for the above tender. He told me that he would send a proxy to collect the original bid bond,” the affidavit now filed by parliament explains.

“His son also contacted me, claiming to follow his father’s instructions. Dr. Ikuni sent Ogara Wilson Okulo to collect the bond,” Mulwa said, adding, “I believe these communications aimed to interfere with investigations into procurement irregularities. Given their status and influence, I felt compelled to surrender the bond to Ogara Wilson Okulo, feeling trapped as a junior officer against a Deputy President.”

The affidavit is accompanied by videos, texts, WhatsApp screenshots, and documents such as Ethics and Anti-Corruption Commission (EACC) letters and witness statements claiming Gachagua is involved in money laundering, corruption, and unethical behaviour.

The affidavit details Gachagua’s public attacks on Lady Justice Esther Maina, falsely threatening her removal after she ordered him to forfeit Sh200 million, found to be proceeds of corruption and money laundering, which violates Article 160(5) of the Constitution.

“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,” the affidavit states.

The claims form a critical part of the motion to impeach Gachagua, with several key allegations surfacing, as well as several witnesses, among them Nairobi governor Johnson Sakaja.

The motion, by Kibwezi West MP Eckomas Mutuse Mwengi, explains that Gachagua’s companies were implicated in the KEMSA scandal over irregular malaria net procurement.

The misconduct outlined in the affidavits suggests that Gachagua’s actions and utterances violate the Constitution, which mandates respect for and defence of the Constitution.

“They also breach Article 148(5)(a), which requires the Deputy President to uphold the oath of allegiance by obeying, preserving, protecting, and defending the Constitution and all laws,” Mutuse said.

Mutuse said that Gachagua’s persistent inflammatory, reckless, and inciteful public utterances over the last two years establish serious reasons to believe that he has committed crimes.

He said, supporting his argument with videos, that Gachagua’s conduct, as outlined in the motion, is unethical, deplorable, and incompatible with the dignified status of the Deputy President’s office. Moreover, it poses a serious risk of inciting ethnic hatred and strife in the country.

“On diverse dates throughout the last two years, Gachagua has persistently made utterances threatening to dismantle, exclude, and unlawfully deny sections of the people of Kenya and regions of the Republic of Kenya equal opportunities for public service appointments and allocation of public resources.

Besides, the utterances are highly inflammatory and inciteful and significantly undermine national unity and the peaceful coexistence of Kenya’s diverse communities,” Mutuse said.

He added that for the past two years, Gachagua has inexplicably amassed a vast property portfolio estimated at Sh5.2 billion, primarily from proceeds of corruption and money laundering.

He added that the value of the wealth Gachagua acquired during this period is incompatible with his known legitimate income of approximately Sh12 million per annum.

Mutuse said that Gachagua has acquired this wealth using his two sons, Kevin Rigathi Gachagua and Keith Ikuni Rigathi, along with other close family members and associates as proxies through a web of companies.

The affidavit further alleges that Gachagua, through his proxies, particularly his sons Kevin and Keith, has used several companies to launder money and conceal proceeds of corruption. “Notable companies involved include Spirit Way Limited, Fortis Vis Group, and Grand Bypass Apartments Limited,” Mutuse said.

He added that in November 2023, Gachagua’s family acquired Outspan Hotel for Sh535 million through Crystal Kenya Limited, followed by Treetops Lodge and Vipingo Beach Resort.  

He added that other Gachagua properties are Treetops Hotel (Nyeri), Outspan Hotel (Aberdare Ranges), Olive Gardens Hotel (Argwings Kodhek Road), Vipingo Beach Resort and Olive Gardens Hotel and Queens Gate Serviced Apartments.

The legislator further said Gachagua’s tenure saw lavish renovations of his official residences, diverting public funds for personal luxury.

He claimed that the deputy president has allegedly created several proxy companies for transactions related to his office. One is AgroBriq Investment Limited, established on May 28, 2017, for building and construction.

Its directors include Rudani Mayurkumar Mahendrabhai and Patel Ankitkumar Hasmukhbhai, a non-Kenyan national. AgroBriq has a bank account at Sidian Bank, opened on February 19, 2022, with Bhavika Nathalal Hirani added as a proxy signatory in October 2022.

Mutuse said that on January 23, 2023, AgroBriq received Sh47,015,367.75 from the Deputy President’s office to refurbish his official residence in Karen. The payment was supported by a Notification of Award Letter from December 2022, authorizing AgroBriq for the renovation at a cost of Sh55,559,520. Alarmingly, Sh45 million was later transferred to Vaghjiyani Enterprises Limited, suggesting AgroBriq may have been used to siphon funds for Gachagua.

Another proxy company, Lusona Events Limited, registered on October 30, 2012, focuses on event management. Its directors are Esther Wanjiru Njenga and Cecilia Muthoni Njenga.

Lusona operates two accounts at SBM Bank, where Ian Njuguna Gitau is a signatory, indicating he may be the beneficial owner. Between January 1, 2024, and July 11, 2024, Lusona received Sh 100,262,821.43 from the DP’s office, in eight transactions.

He said that Gachagua used a significant portion of the Sh100,262,821.43 on luxury items, including carpets for Gachagua’s events.

Metuse added that key expenditures included Sh22,800,000.00 withdrawn in cash by Ian Gitata, some of which was allegedly paid to undisclosed beneficiaries, raising concerns about preferring cash over bank transfers.

Additionally, Sh4 million was transferred to a law firm, and Sh26,993,350.00 was invested in fixed-term deposits.

“These cash withdrawals suggest possible corruption and money laundering, with Gachagua suspected as the primary beneficiary,” Metuse said.

Metuse said that another implicated entity is St. Nicholas Rehabilitation and Industrial Training Institute Limited, registered on April 8, 2021, and managed by Nicholas Mugambi Maingi.

“The company operates an Equity Bank account, which received Sh21,060,000.00 from the Deputy President’s office between March 1 and June 5, 2024.

Funds were suspiciously allocated, including Sh2 millions for a Toyota Prado and Sh4 millions transferred to Maingi’s account,” the MP said, adding, “He subsequently transferred Sh4,660,000.00 to Umarali Motors Limited, raising further suspicions.

Before these transactions, the account had minimal activity, indicating it may have served as a conduit for Gachagua to siphon public funds. The payment methods resemble typical money laundering schemes.”

The EACC’s report, which accompanies the motion to impeach the Deputy President, outlines numerous findings related to irregular procurement processes, land grabbing, and the misappropriation of public funds. These findings corroborate the allegations detailed in the affidavits, showcasing a pattern of behaviour indicative of systemic corruption.

He said that the EACC has initiated legal proceedings against Gachagua, leading to several court cases that have further complicated his position.

He added that in one instance, Gachagua was ordered to return Sh200 million, which was deemed to be proceeds of corruption.“His public resistance to these orders and his attempts to discredit the EACC raise serious questions about his respect for the rule of law,” he explained.