Master actors at historic Senate Impeachment trial

Senate during impeachment trial against Deputy President Rigathi Gachagua on October 16, 2024. [Elvis Ogina, Standard]

Senate debates are serious business, but Thursday Speaker Amason Kingi had to remind senators that the chamber isn’t a stage for TikTok stardom. Here are those who stood out as Irene Githinji, writes

Speaker Amason Kingi

He plays a critical role in proceedings such as the impeachment, being the main ‘adjudicator’ of the process and gives decisions on every move.

Thursday, the Speaker issued a unique warning to the Senators, as he urged them not to use opportunity granted in the House to ask questions for ‘Tiktok moments’.

“Senators, when you are given an opportunity to seek clarification or ask a question, it is not a moment to get a TikTok clip… please. This is a very serious matter. Let us not embarrass this House,” said the Speaker.

Kingi made the remarks when the senators were given a chance to seek clarifications after Ethics and Anti-Corruption Commission (EACC) Deputy CEO Abdi Ahmed was cross-examined by one of Deputy President Rigathi Gachagua’s counsel, Ndegwa Njiru.

There was brief moment of murmurs as some senators raised questions on being denied a chance to speak, with the Speaker having to warn three of them Okiya Omtatah (Busia), Seki Lenku (Kajiado) and Chute Mohammed (Marsabit) for acting against the rules.

“Honourable Seki, this hearing will terminate beyond midnight today, let the witness respond to the queries thereafter we will go for another round. You cannot say the chair is biased. Unless you apologise, I will throw you out,” Kingi sternly warned. 

Senior Counsel James Orengo

The Siaya governor is a veteran human rights activist and politician, also among professional lawyers who have attained the Senior Counsel title.

In Gachagua’s impeachment proceedings, he is the lead counsel for the National Assembly and has torn into the DP’s defence statement, undeterred.

He declared his eagerness to cross examine Gachagua, but this could not happen as anticipated after he was taken ill.

However, he called for medical evidence saying that during the morning session, nothing seemed to suggest that he had any condition.

In his firm composure, Orengo accused Gachagua of irregularly obtaining funds from his late brother, Nderitu Gachagua’s accounts.

“Evidence will show that he was raiding monies that truly belonged to the estate of his late brother to acquire property. If that is not an offence, by law. These were proceeds of crime committed by the deputy president to acquire property… We are saying, the acquisition of these properties came out of criminal conduct,” he stated.

Orengo also raised questions on how Gachagua executed his brother’s will, claiming that he raided his brother’s accounts and used the proceeds to acquire prime properties including the Iconic Treetops and Outspan hotels in Nyeri.

“He went to a hospital in London where his brother was admitted in ICU. When he arrived the next day, he persuaded his brother to execute a will… that was on February 17, 2017. There is no evidence that he spoke with the doctors or physicians caring for his brother during that trip. After that visit, he went away…” Orengo stated.

Orengo is a veteran counsel who led opposition chief Raila Odinga’s legal team in the historic case in which the Supreme Court overturned President Uhuru Kenyatta’s reelection in 2017.

Senior Counsel Paul Muite

Also a senior counsel, Muite is leading the defence team in Gachagua’s impeachment case at the Senate and he has not been taking issues lying down.

He is also one of the renowned lawyers who have featured in high profile cases and often argued out his wit, with keen precision and intelligence.

On the first day of the proceedings, Muite at some point, expressed his displeasure with the manner in which some of the matters were being handled but honourably accepted the rulings rendered.

“The rules of the Senate must and will have to be respected but even while respecting the rules of this House, the Constitution has to be respected. I agree entirely, you are the one sitting in the seat of power, your word is final. I have said what I have said, your rules are subject to the Constitution. I accept your ruling.”

“There has been no explanation why the EACC was never asked to investigate allegations before they were tabled before the National Assembly. The National Assembly cannot investigate criminal offenses.”

Yesterday, he had to explain to the House over the absence of his client, the DP, saying he had received the information on short notice that he had been taken ill and requested time before proceeding.

“Allow me time to go and visit him and asses his situation and report back before the House at 5pm,” Muite said.

He added: “The sad reality is that the Deputy President of the Republic of Kenya has been taken sick. Very sick.”

Advocate Ndegwa Njiru

He has put on a spirited fight in the accusations against Deputy President, Rigathi Gachagua. He has attracted admiration with his coordinated line of questioning, pushing for answers unapologetically.

NJiru has not spared witnesses called to the stand by the National Assembly either. And it is not his first time to appear in an impeachment scenario.

During the hearings, he raised issue with involvement of Siaya Governor James Orengo arguing that it would be prejudicial “on the basis that Orengo is a full time State Officer as per Article 260 of the Constitution as read together with Article 26 (2) on Leadership and Integrity Act, which bars a full time State officer to engage in other meaningful employment.”

At the same time, he consistently questioned fairness in the DP trial, opposing introduction of new evidence and witnesses at the trial stage.

“The question and the test is, shall we suffer prejudice, shall our rights be deemed to have been held, that is the non-derogable right to fair hearing. This is not a witness who was before the National Assembly, where is the source of the information in the documents submitted to this House by the Speaker of the National Assembly?”

In one of interviews, Njiru stated that he is not only interested in justice but also public interest in such cases. He is a legal/law reform specialist with extensive experience in constitutional litigation, devolution and contracts negotiations.