A witness in the impeachment motion against Deputy President Rigathi Gachagua has claimed the DP made contradictory statements on the sale of the Olive Gardens Hotel.
The hotel is among four properties that mover of the impeachment motion, Kibwezi West MP Mwengi Mutuse, listed among assets he claimed Gachagua acquired corruptly.
The others are Vipingo Beach Resort, Queensgate Apartment, and Lang'ata Highrise Flats.
While appearing before the National Assembly on October 8 to defend himself against the allegations, Gachagua said the hotel belonged to his late brother, former Nyeri Governor Nderitu Gachagua, but has since been sold and proceeds shared among beneficiaries, including him.
“The allegation that I own the Olive Garden Hotel is false,” Gachagua told MPs.
“The truth is the Olive Garden Hotel used to belong to my late brother, the Hon Nderitu Gachagua, and therefore has never been my property,” the DP added, emphasing that the information is in the public domain.
The DP explained that weeks before his death on February 24, 2017, the late governor wrote a Will and appointed him, a close friend and a lawyer as executors.
“My late brother directed that the hotel should be sold, among other properties, and proceeds distributed as per the Will. I’m also listed as a beneficiary together with other persons named therein,” Gachagua said.
He submitted before the House supporting documents relating to the change of ownership of the hotel, including the sale agreement dated May 17, 2023, Nderitu’s Will and an official search.
“The hotel was sold by the executors to a third party. Going to the above, I do not own the hotel, and I have never owned it, contrary to accusations in the motion,” the DP said.
But in his affidavit, witness Peterson Muchira said the DP’s statement was a contradiction of the true nature of the status of ownership of the hotel.
“Given the contradictions between the Deputy President's response and remarks made by various members of the National Assembly during the prosecution and debate of the motion, I wish to clarify and state as follows.”
Wachira said he is a shareholder and director of TM Civil Engineering Limited, the company referred to in the sale agreement submitted by the DP.
He claimed that Gachagua approached him on or around March 31, 2023, and convinced him to buy the Olive Garden Hotel.
“The Deputy President persuaded me to enter into an informal secret arrangement regarding the transaction embodied in the agreement annexed on pages 10 to 34 of his response to the motion,” Muchira said in his affidavit.
He went on: “In summary, the terms of the secret arrangement were that the Deputy President would buy the hotel from me by refunding the purchase price of Sh412 million [and then] instruct and pay a contractor to renovate the hotel after the completion of the transaction.
“To protect the Deputy President's undisclosed interest in the hotel, I would appoint a person X as a signatory or agent for the hotel's account at a local bank, and to further protect the Deputy President's undisclosed interest, person X will run the hotel."
According to Muchira, he went ahead and appointed and introduced person X, a close associate of the DP, as a signatory and agent for purposes of the operation of the hotel’s account at the bank.
He claimed the hotel is as of now being run by the said Person X as agreed upon with the DP.
“I swear this affidavit to give Parliament helpful information and clarification regarding the contradictions alluded to in paragraph 4 above. I’m amenable, should Parliament so direct, to appear and be cross-examined on the contents of this affidavit,” Muchira said.
The sworn affidavit was administered by Commissioner of Oaths, advocate Jacob Ngwele, on October 11, 2024.
The revelations come hours before the Senate opens two-day impeachment hearings on Wednesday, where Gachagua and his defence team have been allocated 10 hours to plead their case.
His accuser, Mwengi Mutuse, and the National Assembly, which voted overwhelmingly to impeach the second–in–command, have also been allotted similar time to present their evidence.
Muchira’s affidavit is part of the evidence the National Assembly and Mutuse will rely on in attempts to prove their case against the embattled DP.
Charges will be read Wednesday morning before parties are allowed to make preliminary submissions.
The National Assembly will table its evidence in the afternoon, and thereafter MPs will ask questions or seek any clarification.
Gachagua and his defence team will have their day on Thursday, where he will be allowed to call witnesses, if any.
The House will then debate the motion before taking a vote at around 8.30 pm.
If they uphold any one of the 11 charges, Gachagua will stand impeached and cease henceforth to hold office unless otherwise ruled by a court of law.