Is this your motion? Senators press MP Mutuse in Gachagua's impeachment hearing

Senators lodged concerns over the impeachment motion against Deputy President Rigathi Gachagua on Wednesday night, questioning its legitimacy and the motivations behind it.

This came after a heated cross-examination between Kibwezi West MP Mwengi Mutuse and Gachagua’s legal team during the impeachment trial.

Mutuse laid out 11 grounds for his motion, accusing Gachagua of violating the Constitution by fostering the notion that Kenya operates like a company owned by shareholders, asserting that only those with “shares” would benefit from development and service delivery.

But as the hearing progressed, Gachagua’s defence lawyers, Ndegwa Njiru, Elisha Ongoya and Tom Macharia, sought to discredit Mutuse's claims, challenging the evidence presented and the validity of his allegations.

They questioned whether the accusations were grounded in fact or merely political manoeuvring.

The intense scrutiny from the legal team raised significant doubts about the motivations behind the impeachment motion, with several senators voicing concerns over the implications of such actions in a politically charged environment.

Kitui Senator Enoch Wambua emphasised that the Deputy President is required to serve all Kenyans, including those in the Mt. Kenya region, and questioned what could be impeachable about defending these constituents.

He asked whether the motion truly originated from MP Mwengi Mutuse or if he was merely a signatory.

“In the oath of office for the DP, it is required of him to diligently serve the people of Kenya in the office of the DP. The people that reside in the Mt Kenya region are Kenyans. What is so wrong with a DP, a state officer, defending people from a region in this country and then coming to defend other people in Nairobi and other people in other regions? What is so wrong? What is impeachable about that defence?” Wambua posed.

“Is this impeachment motion really and truly your motion? I ask that question because, on all accounts, the witness is unable to prove anything. Is this your motion, or were you called to just sign a motion, then to come and defend it here?”

In response, Mutuse confirmed that the motion was indeed his own. He asserted that it is his constitutional duty as a Member of Parliament to oversee state officers, including the Deputy President.

He defended the validity of the grounds listed in the motion, arguing that while he had conceded on certain issues like the tea sector and the Mathira SACCO due to lack of evidence at the time of presentation, he had nonetheless provided substantial proof for most of the grounds outlined.

“I am just doing my work as a Member of Parliament under Articles 94 and 95 of the Constitution. Part of my work is to oversight state officers; the DP is one such state officer,” he said.

Kiambu Senator Karungo Thang'wa also raised concerns regarding the sources of the evidence Mutuse presented, questioning how he had accessed various documents, including bank statements, without them being unlawfully obtained.

“You have given us a lot of documents, even bank statements and even payment vouchers. I know you are an MP and not necessarily a government agency; how did you access these documents yet you know the Supreme Court of Kenya has indicated it is wrong to steal evidence or to unlawfully obtain evidence?” He asked.

Mutuse responded by saying he just needed information to support his motion.

“I set myself to draft and present an impeachment motion, and I needed to support that impeachment motion with information, nothing else,” he said.

Muranga Senator Joe Nyutu also sought clarity on the rationale behind auditing the Deputy President's wealth, wondering why a similar approach was not taken towards the President.

In response, Mutuse said, “I was not intending to bring impeachment against the President. If in the future another member wants to bring an impeachment motion against the President, I believe they will be at liberty to also do their work in the manner they deem.”

Nominated Senator Veronica Maina inquired about any existing money-laundering charges against the Deputy President and sought confirmation regarding a previous case with the Asset Recovery Agency.

Mutuse responded that he was not aware of any ongoing money-laundering proceedings involving Gachagua but noted that a ruling by Justice Esther Maina regarding the case remains valid.

So far, Deputy President Rigathi Gachagua has pleaded not guilty to all 11 charges levelled against him by the National Assembly.

Among them are breaches of the Constitution, discriminatory public statements, and undermining the president, for which he pleaded not guilty.

In a historic first for Kenya, a deputy president is facing impeachment proceedings.

On Wednesday night, the Senate adjourned around 11:30 pm, with plans to reconvene at 9 am Thursday for Deputy President Rigathi Gachagua's impeachment hearing.

Speaker Amason Kingi announced that the session would resume with senators questioning two witnesses, followed by the prosecution’s remaining witnesses. The defence will then present its case, including testimony from Gachagua himself.