Senior counsel James Orengo has told the Senate that lawyers for Deputy President Rigathi Gachagua needed to present evidence that their client is indeed unwell.
Orengo argued that the House just relied on what Gachagua’s lead lawyer Paul Muite told senators.
“Muite has not given us any explanations," oRENGO SAID.
"For the DP to fail to bring evidence that he is admitted....We are just relying on what Muite is saying,” he said.
He argued that the DP should have sent one of the doctors here to tell the House about his admission and condition stating that Gachagua was in the House the entire morning session.
“He went to his office and there is no evidence that he was evacuated on an ambulance,” Orengo
“The sickness of the deputy president is affecting us more. There is no assurance that on Tuesday the deputy will be here. His condition might be opportunistic in the absence of evidence from the doctor. This senate must comply with the constitution and proceed with the proceedings.”
Gachagua’s impeachment trial took an unexpected turn after he failed to appear for the afternoon session when he was scheduled to take the witness stand.
Minutes after his legal team said they could not trace him, they announced that they had received information that the Deputy President had been taken ill.
Muite told the House that the DP had been admitted in hospital, suffering from intense chest pains. He however told the senate he was not able to talk to the DP in person on the advice of doctors attending to him.
The second in command had been scheduled to appear as a witness in his defence.
The National Assembly's legal team was also expected to cross-examine him.
The senators who were seated keenly listening to the proceedings called on the speaker to adjourn the proceedings when the DP failed to appear.
Kakamega Senator Boni Khalwale while addressing the plenary, called on Speaker Kingi to suspend the proceedings until Gachagua's legal team could establish his whereabouts.