Senate allows additional evidence in DP Gachagua's impeachment proceedings

Senate Speaker Amason Kingi has overruled an objection from Deputy President Rigathi Gachagua's legal team, permitting an affidavit by Peterson Njomo to be admitted into the impeachment records.

Gachagua's lawyer, Ndegwa Njiru, had pleaded for the removal of the affidavit, arguing that it was not part of the original documents submitted by the National Assembly and could jeopardise a fair hearing.

However, Kingi ruled that the affidavit was admissible, rejecting the Deputy President's counsel's preliminary objection.

The affidavit from Peterson Muchira claims that Njomo acquired the Olive Gardens hotel as a proxy for the Deputy President.

Kingi noted that while Rule 20 of the Second Schedule of the standing orders stipulates that the Assembly should not present new evidence that is not part of the original allegations, both parties were invited to specify any additional evidence relevant to the case.

“Having analysed the documentation submitted against the grounds for the proposed impeachment, I find that the documents objected to constitute evidence in support of the allegations already made in the impeachment motion," he ruled.

Kingi emphasised that all parties had been instructed to indicate "any other evidence" when submitting their responses. He clarified that the documents in question did not introduce new evidence but rather supported existing allegations.

Deputy President Rigathi Gachagua arrives in Parliament ahead of his impeachment trial at the Senate on Wednesday, October 16, 2024. (Photo: Senate)

"What is not allowed is to introduce new allegations or to introduce new evidence that is extraneous to the allegations made in an impeachment motion," he added.

“It is my considered view that the affidavit and the document marked as volume 8A fall within the permissible rules of procedure. I therefore rule that the objection is dismissed.”

The ruling marks another setback for Gachagua as he attempts to block the House from considering new evidence against him.

The DP will serve as the only witness in his impeachment trial currently underway in the Senate. Gachagua has pleaded not guilty to charges of undermining national unity through divisive and inciteful public statements.

He aims to clear his name against the accusations brought forward by Kibwezi West MP Mwengi Mutuse.

In addition, Gachagua denied allegations of "undermining the President, Cabinet, and the effective discharge of the government’s executive mandate by making unilateral public statements that contradict the policy positions collectively adopted by the government."

On the other hand, witnesses from the National Assembly will include Mutuse, former Kenya Medical Supplies Agency (KEMSA) Chief Executive Officer Andrew Mulwa, Cabinet Secretary Mercy Wanjau, Nairobi Governor Johnson Sakaja, and businessman Peterson Njomo Muchira.