By Julius Otieno
Impeached Deputy President Rigathi Gachagua will next week come face to face with his accusers in a 10-hour battle in the Senate that will determine his political future.
A trial schedule seen by the Star shows Gachagua has been granted five hours to defend himself against the damning allegations levelled against him.
The Senate has also granted Kibwezi West MP Mwengi Mutuse, the sponsor of the impeachment motion, and the National Assembly that voted to oust him last week, an equal amount of time.
The development sets the stage for a stormy session – expected to be characterised by sharp exchanges – on the floor of the Senate.
The hearing will culminate in a vote on Thursday evening at 7.30 pm. Gachagua will lose his plum job and smash his political career should at least 45 out of the 67 Senators vote to uphold any of the 11 charges leveled against him.
On Thursday morning, the embattled Gachagua, through his battery of lawyers, will take to the stand to counter all the charges fronted by Mutuse. In the submissions that begin at 9 am, the Deputy President will present evidence, affidavits and witnesses until noon.
In his submission to the National Assembly last week, the DP played several video clips to back his defense against the charges. Gachagua is said to be planning to present several witnesses but his lawyers remained tight-lipped on their number and identity.
On the same day, between noon and 3.30 pm, with a one-and-a-half-hour lunch break, the National Assembly lawyers will cross-examine the DP and his witnesses.
Gachagua will be represented by a battery of 20 lawyers, led by experienced Senior Counsel Paul Muite. The renowned lawyer has 51 years of experience in the corridors of justice. Others include Victor Swanya, George Wandati, Faith Waigwa, Elisha Ongoya, Ndegwa Njiru, George Sakimpa, Murigi Kamande, Willis Otieno, Amos Kisilu, Tom Macharia and Julia Omwamba. On Wednesday, the National Assembly, led by Mutuse, will lay bare their case against the DP from noon.
The Assembly will present evidence and witnesses until 4.30pm. Thereafter, Gachagua’s lawyers shall cross-examine the assembly.
Mutuse and the National Assembly have lined up Nairobi Governor Johnson Sakaja, Secretary to the Cabinet Mercy Wanjau and former acting Kemsa chief executive officer Andrew Mulwa as their witnesses.
The three are expected to take to the stand to provide finer details to justify the grounds upon which Mutuse has premised his impeachment motion against Gachagua.
In his case, the MP annexed his sworn affidavit and those of Sakaja, Wanjau and Mulwa to support his motion. Mulwa states that the DP allegedly influenced the award of the Sh3.7 billion malaria nets tender.
The DP called him around July 11, 2023, and instructed him to hand over to his agent the original bid bond submitted by a company for the tender.
“As a junior official, there was nothing I could do against the Deputy President,’’ Mulwa says. However, in his defense in the National Assembly last week, Gachagua denied meddling in the tender.“Where was the Deputy President involved in a tender? This is a tender that never was. For the record, the suspected officers were exonerated,” he stated.
On the other hand, Wanjau will provide evidence in her capacity as the Secretary to the Cabinet and custodian of Cabinet resolutions and policy positions.
Wanjau accuses Gachagua of opposing the Cabinet-approved evacuation of residents living within 30 meters of the Nairobi River, thus undermining government policy and collective Cabinet responsibility.
Gachagua denied undermining the President but maintained he opposed what he termed as inhumane evictions.
“I took an oath to protect the dignity of the people. While I support the government’s agenda, I cannot condone any Cabinet decision that violates the rights of citizens,” he said.
Sakaja has sworn an affidavit on the shifting of Wakulima market traders to Outering Road, a decision that Gachagua resisted.
The Nairobi county boss cites Article 10(2)(a) of the Constitution, which states that devolution is a fundamental national value and principle of governance. In the affidavit, Sakaja says that Gachagua “in reckless disregard of the high calling and dignified status of the office of the DP, unlawfully interfered with the running of the county by holding a rally and inciting citizens against lawful directives in the planning and management of the markets.”
However, the DP denied interfering and inciting the traders against the governor and his administration.
“I wish to clarify and point out that when I held a public rally, I merely requested the governor of Nairobi county to speak and listen to the grievances which were being raised by the market traders. Videos will be produced tomorrow in the National Assembly,” the DP said.
The National Assembly has also set up an equally strong legal team, led by Senior Counsel Paul Nyamodi.
The others are Eric Gumbo, Kipkogei Kipkemboi, Muthomi Thiankolu, Peter Wanyama, Melly Kipkoech, Joan Jeruto, Muriuki Mwirigi, Boniface Mawira, and Ondago Kevine.
Mutuse will lay the case moments after Gachagua pleads to the charges between 10.30 and 11am. Soon after Gachagua’s defence on Thursday evening, the senators will have one hour – between 3.30pm and 4.30 pm - to ask questions and seek clarifications from the DP and his lawyers.
The parties will be allocated one hour each from 4.30 pm to make their final plea before senators retreat to deliberate on the case.
They will vote from 7.30pm.