Gachagua granted four hours to defend self against impeachment in Senate

The Senate is set for a heated session on Thursday, October 17, as Deputy President Rigathi Gachagua presents his defence in the ongoing impeachment process.

According to a schedule prepared by the Senate Clerk, Gachagua will have four hours, from 9 a.m. to 1 p.m., to present evidence against the grounds for his removal from office.

“He will undergo cross-examination in the afternoon, with his legal team also allowed to call witnesses to the stand,” reads the schedule.

While Gachagua’s legal team has indicated they have lined up several witnesses to aid in his defence, their identities have not yet been disclosed.

After his presentation, Senators will have the opportunity to question the Deputy President and seek clarifications. His team will then have an hour to make final submissions.

The National Assembly team, led by Kibwezi West MP Mwengi Mutuse, who introduced the impeachment motion, will have an equal amount of time on Wednesday to prosecute their case. Mutuse accused the Deputy President of numerous violations, including breaches of the Constitution, discriminatory public statements, and undermining the presidency.

Key figures such as Nairobi Governor Johnson Sakaja, Secretary to the Cabinet Mercy Wanjau, and former acting Kenya Medical Supplies Authority (KEMSA) CEO Andrew Mulwa are expected to testify in support of the impeachment.

Both legal teams have reportedly prepared rigorously for the proceedings.

Gachagua’s defence team consists of 20 lawyers, led by Senior Counsel Paul Muite, Tom Macharia, Amos Kisilu, and Elisha Ongoya alongside other prominent legal lawyers.

The National Assembly has also assembled a legal team, led by Senior Counsel Paul Nyamodi. Their lineup includes Eric Gumbo, Kipkogei Moses Kipkemboi, Dr. Muthomi Thiankolu, Peter Wanyama, and several other accomplished lawyers.

281 Members of Parliament on Tuesday voted to impeach Gachagua, surpassing the required two-thirds majority set by the Constitution.

The Constitution now provides a 10-day window for the Senate to conclude the impeachment process.

Senate Speaker Amason Kingi warned Senators to refrain from making public comments on the impeachment process. He emphasised that discussing the merits or demerits of the motion outside Senate proceedings would violate Standing Order 99, which prohibits anticipation of debate

“This is yet another opportunity for the Senate to demonstrate its fidelity to the Constitution and live up to its reputation,” he said.

For Gachagua to be removed from office, at least 45 Senators must vote in favour of the motion. However, if 23 Senators oppose the impeachment, the motion will be defeated, allowing Gachagua to retain his position.

Should Gachagua be impeached, Article 149 of the Constitution of Kenya 2010 mandates that the President nominate a replacement within 14 days. The National Assembly would then vote on the nomination within 60 days of receiving it.