By JULIUS OTIENO
Impeached Deputy President Rigathi Gachagua will know his fate on Thursday next week after the Senate fixed dates for investigating charges against him.
However, the Senate may extend the hearing to Friday depending on the evidence and the number of witnesses the parties would present.
Speaker Amason Kingi Wednesday directed that the impeachment case be heard before the Senate plenary (whole House) on Wednesday and Thursday next week.
This even as the speaker barred senators and staff from travelling until Saturday next week and cautioned the lawmakers against commenting on the impeachment case in public.
“This directive aims to ensure that all the senators are able to prioritise their participation in these important proceedings without distractions or disruptions,” Kingi said in a notice to the senators.
A motion by Majority leader Aaron Cheruiyot to form an 11-member special committee to investigate the charges failed.
Nairobi Senator Edwin Sifuna, who was to second the motion, declined to do so, dealing a big blow to the efforts to form the team.
“This is a matter that is extremely unique, that has elicited immense public attention and therefore given the mood of the House and especially the Minority side, I respectfully decline to second the motion,” Sifuna said.
With the development, Kingi said the motion collapsed and thus impeachment will be heard in plenary.
“You will note that the Senate Majority leader has moved a motion, the motion has, however, failed to get a seconder,” Kingi said.
“……any motion that is not seconded shall be deemed to have been withdrawn and shall not be moved again in the same session,” he added, citing House rules (Standing Orders).
This came hours after the National Assembly voted overwhelmingly on Tuesday evening to impeach the DP.
National Assembly Speaker Moses Wetang'ula notified Kingi of the House’s resolution to impeach Gachagua.
The Constitution required Wetang'ula to notify Kingi within two days of the resolution of the House, with Kingi required to convene the Senate within seven days of receipt of notification.
Some 282 MPs voted in favour of the motion sponsored by Kibwezi West MP Mwengi Mutuse seeking to remove the DP from office by way of impeachment.
Forty-four MPs voted against the motion, while one member abstained.
At least 233 MPs were required to impeach the DP.
“The motion having been deemed to be withdrawn, under SO 70 (1) the proposal for a special committee is defeated.
"he Senate will therefore proceed with the investigation on the proposed removal from office by impeachment of Rigathi Gachagua in plenary,” Kingi said.
In his direction, Kingi ordered Senate clerk Jeremiah Nyegenye to immediately issue a notice to Gachagua and his accusers to appear before the Senate on Wednesday and Thursday next week. He ordered the parties to file their responses, including evidence and a list of witnesses, by 5pm on Monday.
The responses will then be distributed to all the senators ahead of the two-day marathon hearing. On Wednesday, Gachagua will plead to all the 11 charges levelled against him by the National Assembly through MP Mutuse.
Thereafter, the speaker shall allow for any preliminary objections, if any, from both parties before the parties are allowed to make their opening remarks.
Soon after, Mutuse, the complainant, will take the floor to lay bare his case against the country’s second in command.
Gachagua, through his lawyers, shall cross-examine Mutuse.
The National Assembly shall also be allowed to parade other witnesses. Nairobi Governor Johnson Sakaja, Secretary to the Cabinet Mercy Wanjau and former acting Kemsa chief executive officer Andrew Mulwa are among those lined up to testify against Gachagua.
On Thursday, the DP will take the floor to defend himself.
He shall present witnesses and other exhibits to dismantle the case.
There will be time for examination. The Senate shall then retreat in camera. They will resume to debate and finally vote on the matter.
At least 45 out of the 67 senators are required to uphold any of the charges levelled against the DP to send him packing.
This implies that Gachagua will need at least 23 MPs against the motion to save him.
However, some senators raised concerns that the timelines for hearing the case are too tight and extension of one more day.
“This matter is so unique…. considering that this is a matter of national interest and it involves a number of processes, would it be to increase the (hearing) days by even one,” Nandi Senator Samson Cherargei said.
Nyandarua Senator John Methu argued that the number of grounds or charges against the DP was too many and thus needed more days.
“I think, this will be the highest number of grounds that we have ever looked at…..,” he said.
He said the members should be given enough time to contribute and participate in the process without constraints of time.
However, Kingi said the decision on whether to allocate more days will depend on the amount of evidence that shall be fronted by the parties.
“Upon reading these charges, we have 10 days to conclude this process. I have directed that this matter be heard within two days. We have not seen the kind of documentation that is going to be filed. We have not seen the number of witnesses,” Kingi said.
“Once we see the documentation and list of witnesses, and it becomes obvious that we cannot conclude this matter within two days, we have Friday. Therefore, let us cross the bridge when we reach there,” he added.
Kingi said both the parties will have their day, assuring that there will be zero complaints at the end of the exercise.
The charges facing the DP include gross violation of Articles 10 (2)(a), (b) and (c); 27 (4), 73 (1)(a) and (2)(b); 75 (1)(c), and 129 (2) of the constitution and Article 147 (1), as read together with Article 131 (2)(c) and (d) of the constitution.
Gross violation of Articles 147 (1) and 152 (1) of the constitution by undermining the President and the Cabinet, and the effective discharge of the national government's executive mandate. Also on the list is gross violation of Articles 6 (2), 10 (2)(a), 174, 186 (1), 189 (1) and the Fourth Schedule to the constitution by undermining devolution.
The DP is also accused of violation of 160 (1) of the constitution on the Institutional and Decisional Independence of Judges; gross violation of Articles 3 (1) and 148 (5)(a) of the constitution on the fidelity to the Oath of Office and Allegiance.
He faces charges of gross misconduct by persistently bullying state and public officers and gross misconduct by openly or publicly insubordination of the President.
“The DP is accused of gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President,” Kingi said.