WATCH LIVE: Senate Impeachment Hearing On DP Rigathi Gachagua

The Senate is conducting its hearing on the impeachment motion against Deputy President Rigathi Gachagua from October 16 to October 18, and his fate will be decided in plenary.

The decision was made on Wednesday, October 9 during a special Senate session, convened to hear charges for the proposed removal from office, by impeachment, of Gachagua. This marks the first-ever impeachment proceeding against a sitting Deputy President in Kenya's history.

By going the plenary way, the Senate is seeking to ensure that all voices are heard and that the process is transparent. Instead of delegating the investigation to a committee, all Senators will now have the opportunity to participate fully in the debate.

The plenary will mean that Gachagua will face all Senators and will have to fight even harder to defend himself after 281 Members of the National Assembly voted to impeach him on Tuesday, October 8.

The road to kicking out Gachagua, potentially the first time in the history of the Republic of Kenya, began following the introduction of a Special Motion by Kibwezi West MP Mwengi Mutuse.

Deputy President Rigathi Gachagua arriving in Parliament on October 16, 2024. /X

It outlined 11 charges against the Deputy President, including gross violation of the Constitution, undermining the President and the Cabinet, undermining Devolution, and compromising judicial independence by publicly attacking a judge.

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Key Highlights

3.36 PM: Speaker Kingi Dismisses Gachagua's Team's Objection Of New Evidence 

Senate Speaker Amason Kingi dismissed objections by DP Rigathi Gachagua's lawyers that the new evidence tabled by the National Assembly emphasising that its rules of procedures permit the Senate to receive witness statements, list of witnesses to be invited, and any other evidence to buttress allegations already made.

“It is my considered view that the affidavit and documents marked as volume 8A being referred, fall within the permissible of our rules of procedures. I, therefore, rule the objection dismissed,” he ruled.

3.03 PM: Senate Speaker Rules On Plea To Block Governor James Orengo (NEW DEVELOPMENTS)

Senate Speaker Amason Kingi has rejected an objection by Deputy President Rigathi Gachagua's legal team to bar Siaya Governor and Senior Council James Orengo from representing the National Assembly in the impeachment proceedings. Kingi ruled that Orengo's participation in the impeachment process in the Senate does not rise to the level of prejudice.

Gachagua's legal team earlier sought to block Siaya Governor James Orengo from representing the National Assembly in the Senate impeachment trial. Orengo's inclusion as part of the prosecution team took Gachagua’s lawyers by surprise.

They argued that as a full-time state officer, Orengo is legally barred from representing the National Assembly. DP's lawyer, Ndegwa Njiru, said allowing Orengo to appear would be prejudicial. He referenced a recent case in the Kisii deputy governor's impeachment where a similar objection was upheld.

Njiru also cited a High Court ruling that prohibits individuals in full-time public roles from representing parties in Parliament-related matters.

1.10 PM: Gachagua Denies All 11 Charges

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

Speaking on Wednesday at the Senate after the accusations were read to him ahead of hearing the impeachment case at the Senate, Gachagua insisted he is not guilty to all charges.

The Lawyers Represented

Gachagua is being represented by lawyers Paul Muite and Elisha Ongoya, Tom Macharia, Victor Swanya, Ndegwa Njiru, John Njomo, Faith Waigwa, Amos Kisilu, George Wandati, George Sakimpa, Andrew Muge, Eric Naibei, Julia Omwamba and Willis Echesa.

The National Assembly is banking on the services of Lawyer James Orengo as the lead counsel.

Orengo will lead a legal team comprising Paul Nyamodi, Gumbo Eric, Kipkogei Moses Kipkemoi, Muthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, Joan Jeruto, Muriuki Eric Mwirigi, Mwereru Boniface Mawira, Ondago Kevine Otieno, Alex Mbaya, Kennedy Kyalo and John Mwangi Kang'u.