DP Gachagua is suffering from intense chest pains - Lawyer Paul Muite

Deputy President Rigathi Gachagua is currently experiencing intense chest pains and is under medical care at Karen Hospital, Senior Counsel Paul Muite has alleged.

Muite informed lawmakers that he managed to contact several doctors responsible for overseeing the Deputy President's treatment at Karen Hospital.

However, he was unable to visit Gachagua nor speak directly with him due to his condition, explaining, "I only found out that he is experiencing intense chest pains."

"I would like to inform you that I have been able to contact the doctors who are looking after the DP at Karen Hospital, and I was told that he is currently suffering intense chest pains and needs complete rest," Muite said.

The lawyers representing Gachagua in his ouster case had been given two hours to present the Deputy President's defence when Senate Speaker Amason Kingi announced the suspension of the impeachment trial.

This decision came as a result of Gachagua's failure to appear before the House, with reports indicating he had been hospitalised.

Adjournment vs proceedings 

Gachagua's lawyer, Paul Muite, urged the House to suspend the sitting until Tuesday, October 22, to allow the DP to recover.

"This house under the Constitution is obligated to accord the DP an opportunity to be heard. He has not chosen not to appear. I suggest that you give the DP, in the interest of justice, a couple of days."

However, the National Assembly team led by lawyers James Orengo and Eric Gumbo countered, raising concerns about a lack of medical evidence and an opportunistic moment to derail the hearing.

Kibwezi West MP Mwengi Mutuse and his lawyers, led by Senior Counsel James Orengo, arrive at the Senate for the impeachment hearing of Deputy President Rigathi Gachagua on October 16, 2024.

"Up to this point in time, the DP together and his team, have had an opportunity to present their case and cross-examine all the witnesses we presented. If any prejudice were to be occasioned in hearing this matter, it would be on us because our expectation would be that the DP would avail himself of cross-examination," Advocate Gumbo countered.

Orengo seconded, saying, "There is no evidence that the DP was evacuated in an ambulance. In the absence of medical evidence from a doctor, Gachagua’s illness may be opportunistic."

He insisted that the House's ability to cross-examine Gachagua was critical, especially given the constitutional framework governing the impeachment process.

“In these proceedings, we are governed by article 145 and there's a very unique provision in article 145 that you don't find in legislations to do with even litigations in the courts. But because the makers of this Constitution knew these proceedings are timebound, under article 145 (5), a very important provision,” he said.

Orengo referenced Article 145 of the Constitution, which outlines the Deputy President's right to appear and be represented during the investigation. He questioned whether claiming illness to avoid participation was appropriate, likening it to failing to submit nomination papers on time.

“Article 145 states as follows 'the President/DP shall have the right to appear and be represented before the special committee during its investigation'. The DP can elect to be represented either by his advocate by him appearing in person or by having both. If accordance with the elections laws you are required to subscribe your nomination papers on a certain day, and you fail, would you feign sickness and fail to submit your nomination papers?” he posed.

Gumbo and Orengo further urged the Senate to consider written evidence rather than allowing Gachagua to appear physically.

"We are willing to take the painful decision to forgo the cross-examination of the DP and only proceed with highlighting submissions in relation to the documents that we have filled in this house," Gumbo stated.

The lawyers also claimed that Gachagua's team had filed a new case in Malindi to derail the proceedings. However, Muite refuted and urged them to provide evidence.

"Medical report, I can bring. If I’ve told lies, that is something that can be established," Muite argued.

Speaker Kingi suspended the seating for five minutes to deliberate on both pleadings before issuing a verdict.