Mutuse: I'm not required to prove my case beyond reasonable doubt

Kibwezi West MP Mwengi Mutuse, the sponsor of the motion against Deputy President Rigathi Gachagua, now says he is not required to prove the charges against him beyond any reasonable doubt in the impeachment trial, which will be concluded Thursday evening with a final vote.

This comes in response to concerns from senators demanding solid evidence to substantiate the 11 charges that could lead to Gachagua's removal from office.

"My work here is not to prove criminal liability or to demonstrate civil liability beyond a reasonable doubt, but rather to establish political liability, and I believe I have accomplished that," the Kibwezi West MP said.

He referenced 22 companies mentioned during the impeachment motion of Gachagua’s brother, the late former Nyeri governor Nderitu Gachagua, which he claimed are used by the deputy president to facilitate corruption and money laundering through proxies.

"I also want to remind this Senate that it had the opportunity to investigate the impeachment of the late Nderitu Gachagua. The evidence we have is recorded here, and you will notice that many of the companies listed were also mentioned in that impeachment motion," he stated.

Circumstantial evidence

"This isn't just about valid evidence; it's also about circumstantial evidence and the circumstances that have led us here. The companies implicated in this motion are all accounted for," he insisted.

Responding to questions on whether he conducted investigations through relevant government agencies to establish the claims of corruption and coercion, Mutuse simply said he is not an investigator.

"I am not an investigator and the law under Article 95 doesn't make an MP in the National Assembly or the Senate an investigator. What I am required to do is to establish a prima facie case of what's happening outside the requirements of the law," Mutuse stated.

The Kibwezi West MP emphasised that it was suspicious that Gachagua's sons were directors of the Vipingo Beach Resort, which is allegedly owned by the late Nderitu Gachagua, questioning the mandate of the DP's children.

"Why would my brother's children own my estate and not my children? If you died today would your children be the ones being directors of the property? Don't you see this is suspicious?" Mutuse asked.

Senate Majority Leader Aaron Cheruiyot had asked whether it was a crime for Gachagua's children to be listed as directors of the property owned by the family.

"On Vipingo Beach resort, surely what's the crime of the sons of the deputy president being listed as directors because I have tried combing through your motion to establish what you consider to be an illegality or a crime on their part?" Cheruiyot asked.

Mutuse acknowledged that obtaining direct evidence linking the 22 companies to corruption and money laundering is challenging. However, he insisted that the evidence presented reveals a complex web of secrecy and conspiracy.

"This is a white-collar crime committed by intelligent individuals. It can be extremely difficult to obtain direct evidence, but the overall circumstances indicate money laundering and corruption," he stated.

He noted that while there is no direct evidence linking the deputy president to the Sh5.2 billion in wealth, the assets listed suggest a significant and rapid increase in wealth.

"During the presidential debate, the deputy president claimed he was worth Sh800 million, yet I have detailed companies and suspicious financial transactions that suggest his worth has skyrocketed to Sh5.2 billion," Mutuse said.