Allegations of how Rigathi Gachagua manipulated his brother to sign a will from his sick bed, corruption, ethnic discrimination and insubordination dominated the DP’s ouster trial in the Senate Wednesday.
This even as the Deputy President suffered a blow after Senate Speaker Amason Kingi allowed fresh evidence exposing how the DP used a proxy to acquire a hotel belonging to his brother Nderitu Gachagua (deceased).
In their case in the Senate, the National Assembly, represented by a battery of lawyers led by senior counsel James Orengo, sought to reveal how Gachagua travelled to London where his brother was in hospital to sign a will for his vast property.
“Sometimes in February 2017, the DP went to London where his brother was admitted in ICU. When he arrived the next day, he prevailed upon his brother to execute a will,” the Siaya governor said.
Orengo said on that trip, there was no evidence he tried to talk to doctors and physicians who were looking after his brother and after that visit, he walked away and seven days later, his brother died.
“In the evidence given, his co-executors Mathenge and Regeru are complaining about him that he transferred some funds on various accounts. To be specific on the date Gachagua (Nderitu) died, the Deputy President Gachagua (Rigathi) was already transferring money from his account. On 19th May, again, another money was withdrawn and paid to Wamunyoro Investments,” the Siaya governor said.
“From what I have said, the way his brother's accounts were raided, that was continued to the time when his guidance was acquired for a sale by proxy of Sh412 million, he bought property in Nyeri, the Outspan and Treetops for an amount exceeding Sh800 million. We are saying that part of that money was not from him but he was raising monies that truly belongs to the estate of his late brother to acquire property.”
However, Gachagua, through his lawyer Elisha Ongoya, contested the allegations, saying the DP was not in office at the time of the claims.
In their submission, the National Assembly claimed the DP propagated ethnic contempt through his “shareholding” utterances, saying this had the potential to trigger ethnic violence.
While playing videos, the National Assembly presented its case saying the DP persistently and unapologetically discriminated against Kenyans along ethnic lines.
“The DP standing here on trial assumes that he was elected to represent the interest of a certain region whereas the constitution is very clear, he is elected by the whole country. He has no area to protect,” Orengo said.
Kibwezi West MP Mwengi Mutuse, the sponsor of the motion and a witness for the National Assembly, said Gachagua’s shareholding allegation is an extraordinary wrongdoing requiring impeachment.
“Out of the 12 Vice Presidents we have had in our history, we have never experienced a Deputy President who traverses the country preaching ethnic exclusion,” the MP said.
Mutuse submitted that the DP has acquired massive wealth estimated at Sh5.2 billion.
He said the wealth was amassed through corrupt dealings. He said the DP used his family and proxies to amass the wealth.
“During the short period that I researched on this impeachment motion, I came across companies that are registered in the name of the Deputy President, his children or other proxies,” the MP said.
Mutuse explained how Gachagua allegedly used his powers to acquire state property including hotels, and influence the award of tenders to his family members, friends and proxies.
“The Deputy President must be magical that when he interacted with Treetops Hotel, the hotel, which was non-operational for four years paid all its rent arrears amounting to Sh35 million,” he said.
However, Gachagua dismissed the claims terming them false, ridiculous and embarrassing and meant to whip emotions.
“If you accuse somebody of insubordination, the only person who can complain of being insubordinate is the supervisor. No statement from the President,” Ongoya, DP Gachagua's lawyer, said.
Earlier, Gachagua suffered twin blows after Kingi allowed new evidence, an affidavit by Peterson Muchiri, confessing acquiring Olive Garden Hotel for the DP.
“In the event, it is my considered view that the affidavit and the document marked Volume 8(a) being referred to fall within the permissible documents under our rules of procedure,” Kingi said.
“I therefore rule that the objection is hereby dismissed.”
In a damning affidavit by Peterson Muchira, the man the National Assembly now wants the Senate to summon to testify revealed the DP used him to acquire Olive Gardens Hotel.
Muchira, who identifies himself as the director and shareholder of TM Civil Engineering Limited, said he entered into a ‘secret arrangement’ to purchase the property for Gachagua.
“On or around March 31, 2023, the Deputy President approached and convinced me to purchase Olive Gardens Hotel, which was at the time, part of the estate of the late Nderitu Gachagua,” Muchira says in the affidavit.
“The Deputy President persuaded me to enter into an informal arrangement regarding the transaction embodied in the agreement.”
Muchira says the terms of the secret arrangement were that the DP would buy the hotel from him by refunding the purchase price of Sh412 million set out in the agreement.
In the affidavit sworn on October 11 this year, Muchira submits that the DP would instruct and pay a contractor to renovate the hotel after the completion of the embodied agreement.
“To protect the DP’s undisclosed interest in the hotel, I would appoint Julianne Jahenda as a signatory or agent for the hotel’s account at Co-operative Bank of Kenya Limited,” the affidavit states.
To further protect Gachagua’s interests, the witness states he designated Jahenda to run the hotel.
“I appointed and introduced Julianne Jahenda, who is a close associate of the Deputy President as a signatory and agent for….,” Muchira says.
Kingi also rejected the objection by Gachagua to disqualify Orengo as a counsel for the National Assembly on the grounds that he is a full-time state officer.
The speaker ruled that the DP would not be prejudiced by the appearance of Orengo and the rebuttal by the National Assembly that no prejudice will be occasioned was moot.
“I have given, the preliminary objection raised on the appearance for the National Assembly by senior counsel James Orengo is hereby dismissed,” he said.