Impeachment showdown: Gachagua to appear before MPs on Tuesday

Deputy President Rigathi Gachagua will appear before the National Assembly on Tuesday to personally defend himself against 11 charges brought forward in a motion for his impeachment.

Gachagua's legal team has at the same time expressed confidence in their defence strategy, preparing to counter the accusations presented by the mover of the impeachment showdown Kibwezi West MP Mwengi Mutuse.

Victor Swanya, a prominent member of Gachagua’s legal team, spoke to The Star, affirming that the Deputy President is ready to confront his accusers. "We are ready to face the Deputy President’s accusers, and His Excellency Rigathi Gachagua will be in the National Assembly in person on Tuesday," Swanya stated on Monday.

Gachagua is scheduled to address the house on Tuesday evening at 5 pm, during which he will have two hours to present his defense. According to the National Assembly Standing Orders, the Deputy President has the option to appear in person, send legal representation, or abstain entirely. However, his absence would not prevent MPs from proceeding with the motion.

Mwengi Mutuse spearheaded the motion, which outlines several accusations, including gross Constitutional violations, the promotion of ethnic discrimination, and the undermining of national unity through divisive public statements.

"His public statements promote division and undermine the core values of our Constitution, including unity and inclusiveness," Mutuse asserted when presenting the motion last Tuesday.

Accusations

Gachagua faces accusations of contradicting government policies, violating the principle of collective Cabinet responsibility, and undermining devolution by interfering with county government functions. "Gachagua’s unilateral remarks contradict the policies we have collectively adopted as a government, damaging our credibility," Mutuse said, highlighting the perceived inconsistency in Gachagua’s public statements.

Furthermore, the motion alleges that the Deputy President has threatened the judiciary, thereby undermining judicial independence. Mutuse argued, "By interfering with the operations of county governments, he has undermined the fundamental principles of devolution that empower local leadership."

Other charges include corruption, money laundering, and office abuse, all of which violate anti-corruption laws. "Engaging in corruption and money laundering while in office undermines public trust and violates anti-corruption laws," Mutuse added. Gachagua is also accused of making false and malicious statements, contravening the Penal Code and the Leadership and Integrity Act.

The motion further cites gross misconduct, including reckless attacks on the National Intelligence Service (NIS), insubordination to the President, bullying public officers, and influencing corrupt practices. "His actions show a blatant disregard for the Constitution that he is sworn to uphold, putting our democratic values at risk," Mutuse emphasised.

Gachagua’s legal team, consisting of at least 25 lawyers, has been working around the clock to prepare a comprehensive response. Swanya stated, "As the legal team, we have done our part and prepared a solid and concrete response to every charge by the DP’s accusers." The defence strategy reportedly includes electronic evidence, such as videos, to counter the accusations and support the Deputy President’s position during the hearing.

Swanya highlighted the team's readiness for the upcoming session, emphasising their determination to refute the charges. "We are confident in our preparation, and we believe that the Deputy President’s presence will provide a strong and clear defence against these baseless allegations," he remarked.

Following Gachagua's defence, MPs are expected to engage in a debate on the impeachment motion. The debate will focus on the charges against Gachagua and the evidence provided by both sides. Later on Tuesday, a vote will take place, and MPs will decide whether to proceed with the impeachment based on the grounds presented.