The Senate was on Thursday afternoon caught in an unprecedented situation after Deputy President Rigathi Gachagua failed to show to give his evidence as required.
Gachagua, who has been in the House for the impeachment trial, was a no-show during the afternoon session, raising concerns about his whereabouts.
He was scheduled to appear to take to the stand to give his evidence before the cross-examination. It was after several attempts to trace him when his lawyer, Paul Muite, informed the House that the DP had been taken ill.
This, as he requested the House to have him visit him before returning with a report.
“I have just received this information. My proposal is that you give me at least the rest of the day. I would like to go and assess his situation and maybe even come back at 5 pm,” he submitted.
Lawyer Eric Gumbo for the National Assembly, however, drew the attention of Muite to the impeachment procedures, pointing out that this was a time-bound matter.
He stated that Rule 11 of the Senate envisions a situation where the president or the deputy president facing impeachment snubs the sitting but does not provide for a scenario where proceedings are suspended.
The Senate is to dispense the matter within seven days upon receiving notice of a resolution from the Speaker of the National Assembly.
MPs voted to impeach Gachagua on October 8. This means the matter should be concluded today.
“Where the National Assembly or the President chooses not to appear before the Senate, that fact shall be put on record, and the Senate shall proceed with its investigation without further reference to the National Assembly or the President,” he read out.
The Senate, according to the rule, he said may, however, for exceptional reasons to be recorded permit a later appearance before the Senate by the National Assembly or the president.
“This rule would give us guidance,” he stated. We may proceed; if it becomes necessary, then any additional material may then be availed; this is a time-bound constitutional process, Gumbo added.
In his ruling after a brief consultation, speaker Amason Kingi suspended the sitting until 5 pm, when he is scheduled to deliver a verdict on the matter.