MP Mwengi Mutuse cornered in cross-examination by Gachagua's lawyers

Kibwezi Member of Parliament Mwengi Mutuse came under fire on Wednesday night as he faced intense scrutiny from Deputy President Rigathi Gachagua’s legal team during the latter's impeachment hearing at the Senate.

The hearing revolved around Mutuse's impeachment motion against Gachagua, with defence lawyers, Ndegwa Njiru, Elisha Ongoya and Tom Macharia attempting to discredit 11 grounds of charges.

Mutuse had initially outlined his accusations, alleging that Gachagua had violated multiple constitutional provisions, including gross misconduct and abuse of power.

He argued that the Deputy President had, over the past two years, spread the notion that Kenya is akin to a company owned by shareholders, and only those "with shares" would benefit from development and service delivery.

“It is in our contention that Kenya is not a company,” Mutuse told the Senate.

However, lawyer Tom Macharia produced the campaign agreement signed by President William Ruto, Prime Cabinet Secretary Musalia Mudavadi, and Speakers Moses Wetangula(National Assembly) and Amason Kingi (Senate), prior to forming the government.

He enquired whether Mudavadi's Amani National Congress (ANC) and Wetangula's Ford Kenya were guaranteed a 30% stake in various positions. Mwengi Mutuse confirmed this. Macharia then asked what one is referred to when they possess shares. Mutuse replied, “Shareholder.” Macharia followed up by stating that ANC and Ford Kenya are, in fact, 30% shareholders in Kenya Kwanza, to which Mutuse agreed.

Lawyer Ongoya then launched a series of challenges to Mutuse's allegations, beginning with the claim that Gachagua had threatened Justice Esther Maina of the High Court.

Maina had previously ruled that Gachagua, during his time as an MP, failed to account for wealth acquired from government agencies.

Kibwezi Member of Parliament Mwengi Mutuse (left) being cross-examined by DP Rigathi Gachagua's lawyer Tom Macharia at the Senate on Wednesday, October 16, 2024. (Photo: Handout)

“The allegation says that sometime in January 2024, Hon. Rigathi made a sensational but false allegation that Justice Esther Maina engaged in corruption and promised to present a petition for her removal, which he has not done to date. Is that correct?” Ongoya asked.

Mutuse initially affirmed that Gachagua had not presented the petition as of September 2024 but later acknowledged learning that the petition had been filed.

Ongoya pressed further, asking whether Mutuse stood by his previous assertion. Mutuse responded, “To the extent of presenting the petition, yes. But the threat to the judge still stands.”

The cross-examination also addressed allegations that Gachagua misused companies for personal gain through corrupt practices.

The exercise took a sharp turn when Ongoya delved into Mutuse's assertion that the Deputy President had amassed a property portfolio estimated at Sh5.2 billion.

“It is your claim that the DP has amassed a humongous property portfolio estimated at Sh5.2 billion?” Ongoya posed.

“Yes, it is our allegation, and we have justified it in our evidence in chief,” Mutuse said in response.

However, Ongoya pressed on, asking who provided the estimate.

Mutuse explained, “We said estimated at Sh5.2 billion.”

“Who gave you that estimate?” Ongoya questioned further, to which Mutuse replied, “It’s a matter of additions.”

The exchange continued with Ongoya challenging the accuracy of the figure.

“So, you are saying that when we take you through these values, you will get a property value of about Sh5.2 billion?” Ongoya asked.

Mutuse responded, “Approximately 5.2 billion.”

Ongoya, in a pointed follow-up, remarked, “Additions result in a definite figure. Although you are a lawyer, mathematics is a pre-qualification for studying law.”

Mutuse attempted to clarify, “There are two things, one…” But Ongoya pressed him further, “Are you saying when we add those values, we will get Sh5.2 billion?”

Mutuse argued that some of the values were based on sale agreements and acquisition documents, but also added, “I will also be telling you what in my view the values of some of the properties are.”

But Ongoya sarcastically responded, “You’ve graduated from a lawyer to a valuer now, isn’t it?” pushing further on the basis of Mutuse’s valuation expertise.

Mutuse explained that his estimates were based on market values, noting, “Land in Kitale goes for Sh4 million an acre, in Kilifi for Sh2 million, and if it goes beyond that, it’s a reasonable man’s taste.”

“And that reasonable man is you?” asked Ongoya.

DP Rigathi Gachagua (right) at the Senate chambers ahead of his impeachment hearing on Wednesday, October 16, 2024. (Photo: Senate)

“Indeed,” Mutuse replied.

The cross-examination also revisited allegations regarding the Deputy President’s alleged involvement in a scheme to buy a hotel.

Ongoya questioned whether any evidence had surfaced showing that the hotel had been bought. Mutuse maintained that the Deputy President had used a proxy to acquire the hotel.

“My allegation is that he bought through a proxy, and the proxy says, indeed, I have a secret arrangement with the DP to buy the hotel on his behalf.”

Ongoya questioned whether a promise to buy a hotel in the future constituted a white-collar crime, to which Mutuse responded, “Indeed, economic crimes are white-collar crimes.”

When pressed further, Mutuse explained, “It’s part of the scheme to hide the real owners of the property.”

When questioned on Gachagua’s involvement in the controversial Kayole demolitions, Ongoya asked, “Did the Cabinet approve a resolution not to engage citizens in demolitions?” Mutuse responded, “I wouldn’t know because I am not in Cabinet.”

When pressed on whether Gachagua’s statements violated a Cabinet resolution, Mutuse replied, “In context.”

The exchange grew heated when Ongoya questioned Mutuse on whether the people of Kibwezi would respect his conduct during the proceedings. But Mutuse demanded Senate protection, asserting, “The people of Kibwezi are not on trial.”

Ongoya continued to probe the MP, specifically questioning whether Mutuse had ever lodged formal complaints against the public officials involved in the settlement of the case involving the Deputy President.

Mutuse admitted that he had not filed any complaints with investigative bodies but had raised the issue in Parliament.

“Have you presented before this Senate any complaints from the people of Kenya that the DP is undermining the President?” Ongoya asked.

Mutuse maintained that he was representing his constituents' concerns, though he admitted to having no formal complaints in hand, stating, “I have presented this motion on behalf of the people.”

As the legal battle continues in the Senate, the impeachment motion remains hotly contested, with the defence team questioning the accuracy of Mutuse's allegations and the evidence supporting them.

The Senate was adjourned until tomorrow, Thursday, October 17, when DP Gachagua will take the stand, ahead of Senators voting to either uphold or nullify the impeachment resolution forwarded to them by the National Assembly.

MPs at the National Assembly impeached Gachagua on Tuesday, October 8. 281 MPs supported the motion tabled by MP Mwengi Mutuse, 44 rejected it, and 1 abstained.