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Make-or-break week for Gachagua as trial begins in Senate

The Senate will on Wednesday begin the DP's impeachment hearings

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by JAMES MBAKA

News14 October 2024 - 10:02

In Summary


  • The DP must garner the support of at least 23 senators to remain in office when the senate votes on Thursday.
  • If 45 senators vote to uphold any impeachment charge,  Gachagua will be sent home but has recourse in courts.


Deputy President Rigathi Gachagua faces a tough week as his impeachment trial begins in the Senate on Wednesday.

The National Assembly voted last Tuesday in favour of Kibwezi West MP Mwenge Mutuse's impeachment motion against the DP. 

Gachagua is facing 11 charges that have been listed by Mutuse.

However, Gachagua has denied any wrongdoing.

An overwhelming majority of 281 MPs supported Gachagua's impeachment against 44 who backed the DP.

The focus will this week shift to the 67-member senate where Gachagua's real trial will begin on Wednesday.

Senators are expected to take a vote on Thursday evening after listening to the National Assembly, the mover of the motion Mutuse and Gachagua.

The DP must garner the support of at least 23 senators to remain in office.

If 45 senators vote to uphold any impeachment charge,  Gachagua will be sent home.

His political career and any hope of ever serving in the public sector will come to a screeching halt as he will be barred for good.

With Gachagua's impeachment at the Senate scheduled for Wednesday and Thursday, the DP has already signalled a protracted legal battle in case he is impeached.

Going by the voting patterns in the National Assembly last week, Gachagua's chances of survival at the Senate are remote.

President William Ruto, who is working closely with former prime minister Raila Odinga control the numbers, leaving Gachagua exposed.

Ruto has not publicly declared his position on the impeachment although his shadow looms large with his key allies leading the onslaught.

Gachagua has said that he has confidence in the judiciary, despite bashing the same institution in the past.

Speaking during a church service in Embu on Sunday Gachagua said the "will of the people cannot be overturned by a few representatives."

"I am a believer in the independence of the judiciary. I am certain the courts will exercise judicial authority and protect and uphold the Constitution,'' Gachagua said.

"Our Judiciary is efficient. They (judicial officers) protect the Constitution, and the rule of law and always ensure that the will of the people is respected. I have confidence that the rule of law will prevail and the will of the people will be upheld.'' 

On Wednesday,  Mutuse, the mover of the motion, and the National Assembly which impeached Gachagua will take to the stand first to present their case.

The two will lay bare the charges against Gachagua and also call witnesses to support their case.

Nairobi Governor Johnson Sakaja, Secretary to the Cabinet Mercy Wanjau and former Kemsa CEO Andrew Mulwa are some of the witnesses lined up against Gachagua.

The National Assembly, which is represented by a host of lawyers led by Paul Nyamodi will prosecute their case until 4:30 pm on Wednesday.

This will then pave the way for cross-examination and re-examination by the DP's lawyers for two hours until 6:30 pm.

Thereafter, senators will have an hour to ask questions and seek clarifications.

On Thursday morning, Gachagua and his team will have four hours from 9 am to counter the charges and accusations.

The DP will call witnesses and table affidavits in his bid to discredit the charges.

After Gachagua concludes, there will be cross-examination and reexamination by the National Assembly lawyers.

Senators will also have an hour to ask questions and seek clarification.

If this is concluded within time, then the senators will vote on Thursday evening.

Speaker Amason Kingi had indicated that he could gazette Friday for another sitting if he business is not concluded on Thursday.

Lawmakers launched the impeachment process on October 1, with 291 MPs signing up to the motion, well beyond the 117 minimum required.

Gachagua backed President Ruto in his 2022 election win and helped secure the crucial votes from the populous Mt Kenya region.

Last Tuesday, Gachagua appeared in the National Assembly to defend himself against the allegations and laid bare his defence saying he had done nothing wrong.












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