Ball set rolling as Gachagua to put up defense in trial chamber

The impeachment trial of Deputy President Rigathi Gachagua begins today at the Senate, where he will also be accorded an opportunity to plead his case. 

This comes against the backdrop of damning contents of a witness affidavit by Peterson Njomo Muchira, a close ally of Gachagua, which he has presented to Parliament.

Njomo says in the affidavit that he has had to clarify issues following contradictions between the DP’s response and remarks made by various MP when debating on the motion.

In particular, Njomo said he has personal knowledge of facts relating to sale of Olive Garden Hotel, which initially formed part of the estate of the late Nderitu Gachagua.

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“On or around March 31, 2023, the DP approached and convinced me to purchase the Olive Garden Hotel which was at the time part of the estate of the late Nderitu Gachagua. The DP persuaded me to enter into a formal secret arrangement regarding the transaction embodied in the agreement annexed on pages 10 to 34 of his response to the motion,” Njomo says in the affidavit.

He has explained that the terms of the secret arrangement were that the DP would buy the hotel from him by refunding the purchase price of Sh412 million as stated in his response to the motion.

Njomo also stated that the arrangement was that the DP would instruct and pay a contractor to renovate the hotel after completion of the transaction. “To protect Gachagua’s undisclosed interest in the hotel, I would appoint Ms Julianne Jahenda as a signatory or agent for the hotel’s account at and to further protect the DP’s undisclosed interest, Ms Julianne Jahenda will run the hotel,” he said.

To this end, Njomo says he appointed Jahenda, an associate of the DP, as a signatory and agent for purposes of the operation of the hotel’s bank account.

“I have so far allowed Ms Julianne Jahenda to run the hotel as agreed with the DP. I swear this affidavit to give Parliament helpful information and clarification alluded to. I am amenable, should Parliament so direct to appear and be cross examined on the contents of this affidavit,” said Njomo. Last Wednesday, Speaker of the Senate Amason Kingi ruled that Gachagua’s trial will be conducted by the plenary after a motion to establish an 11-member special was withdrawn for lacking a seconder. 

According to Standing Order 70 of the House rules, the question on any motion will not be proposed unless it is seconded and any motion that is not seconded is deemed to have been withdrawn and shall not be moved again in the same session, unless with the permission of the Speaker.

“The motion having been deemed to be withdrawn, the proposal for a Special Committee is defeated. The Senate will therefore proceed with the investigation on the proposed removal from office, by impeachment, of the Deputy President in Plenary,” Kingi ruled.

The Speaker set today and tomorrow as the date of the trial. Kingi also released a programme of activities, which shows that there will be a closed session for a pre-hearing meeting for senators this morning.

It will be followed by preliminaries including the recital of the mandate of the Senate, rules of procedure and hearing programme, introduction of members of the National Assembly representing the House, and their Counsel, if any, and introduction of the DP and the Counsel representing him, if any.

Reading of the charges will then follow for about 30 minutes.

According to a schedule of activities released by the Senate, there will be an opening statement on behalf of the National Assembly and the DP.

The tabling of the evidence by the National Assembly including evidence of witnesses, if any, cross-examination and re-examination will then follow from noon then three hours for evidence of the National Assembly and two hours for cross-examination.

Tomorrow, Gachagua will be granted five hours to table evidence of witnesses, if any, cross-examination and re-examination. A total of 3 hours will be provided for evidence of the DP and another two hours for cross-examination.

The House will then debate the motion for about two hours and subsequently take the vote. If at least two-thirds of the Senate members, comprising 67 total, including 47 elected and 20 nominated vote to uphold any impeachment charges, Gachagua will cease to hold office, as provided in Article 145 (7) of the Constitution.

A minimum of 45 senators must support the motion to remove DP from office.

On Monday, the Office of the Clerk of the National Assembly, submitted evidence to the Senate on Gachagua’s impeachment.

The motion sponsored by Kibwezi West MP, Mwengi Mutuse provided 11 grounds for Gachagua’s impeachment.

Gachagua’s lead counsel is senior lawyer Paul Muite, assisted by a battery of lawyers, including Elisha Ongoya, Victor Swanya, Faith Waigwa, Ndegwa Njiru, Amos Kisilu and Tom Macharia.

The DP has worked round the clock to stop his impeachment, which has also seen 26 petitions filed in court but two have been withdrawn. Gachagua is accused of gross violation of several articles of the Constitution, with Mutuse stating he has significantly undermined national unity and the peaceful coexistence of Kenya’s diverse communities.

This, the motion states, has been by persistently making inflammatory and inciteful utterances threatening to discriminate, exclude and unlawfully deny sections of the people of Kenya and regions of Kenya equal opportunities for public service appointments and allocation of public resources. According to the motion, the DP has made unilateral public statements inconsistent with policy positions collectively adopted by the Government and contradicted the President on critical matters of governance and the exercise of the President’s function as a symbol of national unity.

“On various dates throughout the last two years, Gachagua undermined the President and Cabinet and the effective discharge of the National Government’s executive mandate by making unilateral public statements that were in consistent with policy positions collectively adopted by the Government,” Mutuse says in his motion.

The third charge is accusations of violating the Constitution by undermining devolution, by interfering with the running of Nairobi City County Government.

Here, the DP is accused of inciting citizens against lawful directives of the County Government on the planning and relocation of markets and publicly disparaging its leadership and decisions. 

According to the motion, Gachagua is said to have committed gross economic crimes, namely, conflict of interest, abuse of office, and conspiracy to commit crimes by inexplicably amassing property estimated at Sh5.2 billion that is incompatible with his known legitimate income.