DP Gachagua's lawyers walk out as Senate votes to continue with impeachment

Deputy President Rigathi Gachagua suffered a setback as the Senate voted to move forward with his impeachment trial, despite his alleged hospitalisation.

Despite Gachagua's legal team, led by Senior Counsel Paul Muite, requesting an adjournment after claiming that Gachagua was admitted at the Karen Hospital, the Senate decided to move forward with the proceedings.

Muite and team, who had alleged that Gachagua suffered chest pains, walked out of the Senate after the Senators orally voted against a motion to adjourn the hearings to Saturday, October 19.

The Senior Counsel stated that they could not continue with the defence without their client, whom they were unable to directly contact.

“We decide to take leave because we will be perpetuating an illegality if we were to sit in Parliament without adequate instruction from our client,” Lawyer Ndegwa Njiru further told the media.

“So we also take this opportunity to wish the Deputy President a quick recovery.”

He noted that the next step will be provided when the “time is right.”

When asked about the status of Gachagua’s health, he said, “The matters of the health of the Deputy President are matters of the state, and the only person who can inform the status of the health of the Deputy President is the Head of State. As lawyers, our instructions are limited to representing him at the Senate.”

Meanwhile, Rarieda MP Otiende Omollo, on behalf of the National Assembly, commended the Senate for showcasing this democratic maturity by ensuring due process in Gachagua’s impeachment, even in the absence of the Deputy President, who is currently hospitalised.

Addressing the Senate, he noted that the House had extended the opportunity for Gachagua’s legal counsel to be present during the proceedings, demonstrating fairness.

“I want to thank you, Mr. Speaker, and the Senate for demonstrating the maturity of a democracy. So much so that even if the DP is unable to appear, without anything on record, this honourable Senate has accorded the DP the opportunity for his counsel to be present, and they have voluntarily exited,” he said.

He emphasised that the right to appear, whether in person or through legal representation, as enshrined in Article 145 of the Constitution, is a choice that can be exercised or waived by any party.

He also lauded Kenya's democratic progress, citing the country's ability to uphold constitutional integrity during the ongoing impeachment proceedings against Gachagua.

Omollo highlighted Kenya's political maturity, referencing significant milestones in the country’s democratic journey.

“Kenya is indeed a mature democracy. We are so mature that we gave ourselves the most modern constitution in recent history, 14 years ago. We are so mature that seven years ago we had the nullification of the only presidential election known to history, and today, we are conducting impeachment proceedings unknown to this continent outside of the removal proceedings in a parliamentary system in South Africa,” Omollo said.