Gachagua falls sick as Senate prosecutes impeachment in his absence

The last blow to Deputy President Rigathi Gachagua’s political career was sealed Thursday by a decision by the Senate to continue with his impeachment motion even after he, reportedly, suddenly fell ill.

Despite a spirited attempt by his lead counsel Paul Mwite to convince the senators to postpone the hearing to Tuesday next week to allow the Deputy President recuperate from ailment which had seen him admitted in hospital, the House rejected the pleas.

Muite had earlier submitted to the House that  Gachagua was suffering from intense chest pains and that he (Gachagua)was admitted to Karen hospital in Nairobi.

“I would suggest that according to Article 145 (6) (b), in the interest of justice and given the weight of removing a deputy president, give him a couple of days to recuperate,  I had in mind up to Tuesday and we should be able to know whether the Deputy President will be able to come and present himself,” said Muite.

Lead Counsel for the National Assembly James Orengo however opposed Muite’s request noting that he had failed to provide any evidence that the DP had been hospitalised.

“We should have had the Deputy President’s doctor here at least to tell us about his admission and about his condition. Up to 1:15pm today, the DP was here. He was not evacuated from here in an ambulance, he went to Karen hospital by himself,” stated Orengo.

“There is no assurance that on Tuesday the DP will be here,” he added.

Orengo further accused the Deputy President of employing delaying tactics, in a bid to ensure that court cases touching on the ouster process were ruled on before the Senates voted.

“There are many cases that have been filed all over including in Malindi today, that have to do with the proceedings going on today. I am now in a position to say that this health condition that the Deputy President is said to have may be opportunistic in the absence of medical evidence from a doctor. We urge the Senate to comply with the Constitution and proceed with the trial,” reiterated Orengo.

But Muite, in response, said that it was nobody’s wish to get sick and called on the Senate to show some humanity.

"Let us be humane, let us be compassionate. Tuwe na utu kidogo. On Tuesday, the heavens will not fall," Muite pleaded.

Later in the evening however, Karen Hospital proprietor Dan Gikonyo confirmed to a team of journalists that Gachagua had been rushed to the hospital and had been admitted.

“I am sure you are already aware that his Excellency the DP is hospitalised here. He came at 3pm with a lot of chest pains. By the way I must say I have his permission to talk to you. You know this kind of information you only give his family.  I am talking to you with the knowledge of the the family. It is aware that I am talking to you,” Dr Gikonyo told the journalists.

“We have taken him in. He is going through some investigations, blood test…all the things we do. Right now he is stable,” Gikonyo added.

Kingi in his ruling, directed that the House debates’ on a motion on whether to hold a sitting on Saturday, which said was the deadline prescribed by the Constitution, to dispense with impeachment the matter.

The motion was then moved by Senate Majority leader Aaron Cheruiyot and seconded by Minority Leader Stewart Madzayo.

Being a procedural motion, the House did not debate it and the Speaker put the question. The House voted to continue with the proceedings that would ultimately decide Gachagua’s fate.

"Arising from this development, we cannot continue appearing without instruction from our client. We withdraw," Muite told the senate

And with it, Gachagua's defense team trooped out of the chambers and the proceedings, leaving the National Assembly team to make its closing arguments.

Earlier, impeachment hearings against Deputy President Rigathi Gachagua were thrown into disarray after he was reportedly taken ill.

The DP, who was to take the stand where he would mount his defense against the 11 charges leveled against him, controvert some of the evidence given against him and subsequently face cross examination, did not turn up at the appointed time to take the stand for three hours.

Kingi wondered aloud where the Deputy President was, anxiously looked around and at the watch as he warned the defence team that the clock was was ticking.

“According to the Standing orders, where the Deputy President fails to appear, the Senate can actually proceed or for exceptional reasons to be recorded, permit a later appearance before the Senate of the Deputy President,” Kingi said.

Having considered the two sides, my directions are that we will suspend this sitting and resume at exactly 5 pm. We expect the Deputy President to take the witness stand then. This is a time bound process, unfortunately. It is so ordered,” ruled Senate Speaker Amason Kingi.

Tell-tale signs of a disruption of the sittings began earlier in the afternoon after Speaker Kingi, at exactly 2:55 pm, directed Muite to usher his client into the chambers to take the stand.

But to the House’s surprise, Muite replied that they (lawyers) were also waiting for his arrival into the chambers.

“Mheshimiwa Speaker, we are anxiously waiting for the Deputy President. My colleagues can stand in for me. Let me make inquiries and find out where he is held up. We would certainly wish to call him as a witness,” Muite said.

But after approximately 20 minutes of waiting in silence and an attempt by Kakamega Senator Bonny Khalwale to get guidance from the Speaker on the unprecedented occurrence, the Speaker declared that the Muite-led defense team had all the time it needed to produce Gachagua.

“Your time started running after I told you to usher in your witness. We will give you all the time you need to get hold of your witness but just to let you know, the clock is running on your client. After two hours and he has not appeared, the chair will make a ruling,” stated Kingi.

To which Muite replied, “May I start by expressing apologies and regrets that the Deputy President is not here and by not being here the inconvenience and delay caused to the Speaker and the Senators. The position is that during that period that I went to try and find out why he is not here, the sad reality is that the Deputy President of the Republic of Kenya has been taken sick, very sick and he is in hospital.”

He went on to plead with the Speaker to allow him the rest of the day so that he could “go and make an assessment” of the Deputy President and revert to the chambers by 5pm. The assessment, he said, would help the legal team make an informed decision on how to proceed.

When he came back, Muite told the senate," I have been able to contact the doctors at Karen Hospital where there is a team of doctors. I was not able to directly contact him. His doctors informed me that he is suffering from intense chest pains."

The prosecution which is the National Assembly was however adamant that the proceedings must continue with or without the DP. He sought that the Senate proceeds and if need be, the DP would be given time to present after the fact.

“Having very keenly listened to Paul Muite, it puts us in a bit of a difficulty because whereas we might want to empathize with a situation, there appears to be no indication from their end for a specific proposal,” said lawyer Eric Gumbo.

“I will draw your attention to Rule 11 of the rules of this House. Where the National Assembly or the President chooses not to appear before the Senate, that fact shall be put on record and the Senate shall proceed with its investigation without further reference to the National Assembly or the President. But the Senate may give a later appearance to the National Assembly or President,” Gumbo added.

But as soon as the Speaker asked the Senators to give their views on the development, disquiet erupted in the House with lawmakers from across the political divide forming caucuses to brainstorm on a way forward while others milled around the Speaker.