The legal team representing Deputy President Rigathi Gachagua in the impeachment trial against him has left the Senate after a procedural motion seeking adjournment of hearings was defeated.
The team led by Senior Counsel Paul Muite had sought adjournment to Tuesday, October 22, to facilitate the appearance of the DP, who Muite said had been taken ill moments before he was to give his evidence in chief Thursday afternoon.
“I humbly request that the House gives us a couple of days ahead up to Tuesday. We should know then when the DP can come before the House to defend himself,” Muite said.
Senate Speaker Amason Kingi, however, objected to the adjournment, saying standing orders on the process of the removal from office through the impeachment of the DP were time-bound and must be concluded within 10 days, the last of which was Saturday, October 19.
“As this process is time-bound by the Constitution to be concluded in not more than ten days, pursuant to Article 145 as read with Article 150 of the Constitution, and noting that the period provided for ends on Saturday, October 19, 2024, the only window open to the Senate would be to Gazette Saturday, October 19, 2024, as a further and final day for the hearing of this matter,” the speaker said.
Senators, however, voted against the adjournment.
“If the motion is not carried, the decision of the Senate will be that this hearing continues to conclusion in the manner provided for under Rule 12. The hearing will continue as set out in the programme with the parties moving on to making their closing statements,” Kingi ruled.
“Arising from the decision of the Senate, we as the legal team representing the DP are not able to continue appearing without instructions, so we humbly and with a lot of respect, take our leave,” Muite said after the vote.
Muite had earlier told the House that Gachagua was taken ill with chest pains and was receiving treatment at the Karen hospital.