BY JAMES MBAKA
Deputy President Rigathi Gachagua will appear in person in
the National Assembly on Tuesday to defend himself against 11 grounds for his
proposed removal from office.
Victor Swanya, one of Gachagua’s key lawyers, told the Star
that the DP is ready to face his accusers during the hearing of the impeachment
motion against him.
Swanya said the DP’s legal team is in the final stages of finalizing
its defence ahead of Tuesday's National Assembly debate and hearing of the
impeachment charges.
“We are ready to face the Deputy President’s accusers and
his excellency Rigathi Gachagua will be in the National Assembly in person on
Tuesday,’’ Swanya said on Monday.
The DP has been allocated time to appear before the house on
Tuesday evening from 5pm for two hours to defend himself.
The National Assembly Standing Orders provide that the DP
can appear in person or send legal representation to defend him during the
hearing of the impeachment motion.
He can also give the hearings a wide berth although his
absence will not bar MPs from processing the motion.
Gachagua faces 11 charges with his lawyers saying they have
prepared a “solid and concrete response’’ to discount all the accusations
brought by Kibwezi West MP Mwengi Mutuse.
“As the legal team, we have done our part and prepared a
solid and concrete response to every charge by the DP’s accusers,’’ Swanya
said.
The DP’s legal team comprising of at least 25 lawyers have
been burning the midnight oil going through each of the allegations and
providing responses.
There are reports the team will also rely on electronic
evidence including videos when defending Gachagua in the National Assembly.
MPs are expected to take a vote later on Tuesday after
debating the grounds of impeachment and according Gachagua an opportunity to
defend himself.
Mwengi accuses Gachagua of gross violations of the
Constitution, including promoting ethnic discrimination and undermining
national unity through divisive public statements.
“His public statements promote division and undermine the
core values of our Constitution, including unity and inclusiveness,” Mwengi
said when he moved his notice of motion last Tuesday.
Gachagua is accused of contradicting government policies and
failing to uphold his duties as Deputy President, thus violating the principle
of collective Cabinet responsibility.
“Gachagua’s unilateral remarks contradict the policies we
have collectively adopted as a government, damaging our credibility,” Mwengi
said.
The motion further alleges that Gachagua interfered with
devolved county functions, undermining devolution and threatening the
judiciary, violating the principle of judicial independence.
“By interfering with the operations of county governments,
he has undermined the fundamental principles of devolution that empower local
leadership,” Mwengi said.
Mwengi accused Gachagua of failing to respect and defend the
Constitution, while his inflammatory remarks allegedly violated the National
Cohesion and Integration Act by promoting ethnic hatred.
“His actions show a blatant disregard for the Constitution
that he is sworn to uphold, putting our democratic values at risk,” Mwengi
said.
The motion also claims Gachagua engaged in corruption, money
laundering, and abuse of office, violating anti-corruption laws.
“Engaging in corruption and money laundering while in office
undermines public trust and violates anti-corruption laws,” Mwengi said.
Additionally, he is accused of allegedly making false and
malicious statements, breaching the Penal Code and Leadership and Integrity
Act.
Lastly, the motion cites gross misconduct, including
reckless attacks on the National Intelligence Service, insubordination to the
President, bullying public officers, and influencing corrupt practices.