Hello! Welcome to our Live Blog on the Senate impeachment trial against Deputy President Rigathi Gachagua.
Last week, the National Assembly found Gachagua guilty of gross violation of the constitution with 282 MPs voting in support of the impeachment motion while only 44 MPs opposed it.
Gachagua, through his lawyers, then moved to court seeking orders to block the Senate from hearing his impeachment motion. A three-judge bench appointed by Chief Justice Martha Koome on Tuesday, October 15, agreed to listen to a last-ditch application by DP Gachagua to suspend the Senate proceedings but the court declined to stop the impeachment debate on Wednesday morning.
We will bring you minute-by-minute updates on the critical proceedings happening from the floor of the Senate considered to be the Upper House, which will decide Gachagua’s fate through plenary. Expect major developments as Senators converge to hear and determine the historic impeachment motion of DP Gachagua.
Meanwhile, follow the live proceedings below;
7:15 pm: Technical hitches
Elisha Ongoya laments on timewasting over delays and technical hitches in playing video evidence before the Senate.
7:00 pm: Mutuse grilled by Gachagua's lawyer
The advocate representing Rigathi Gachagua Elisha Ongoya cross-examines Mwengi Mutuse, who tabled the impeachment motion against the DP.
6: 27 pm: Evidence against Gachagua undermining devolution
More videos are played showing the DP speaking to Marikiti market traders, assuring them that they would not be moved to Kangundo Road market despite the Nairobi county government's directive.
5:00 pm: Video evidence against Gachagua
Videos are played before the Senate showing instances when the Deputy President made remarks referring to Kenya as a 'company'.
4:44 pm: Mwengi Mutuse Testifies Against Gachagua
Kibwezi MP Mutuse Mwengi who was the mover of the impeachment motion against Deputy President Gachagua, takes an oath to testify against Deputy President Rigathi Gachagua as the first witness.
The MP, a close ally of Labour CS Alfred Mutua affirmed that the charges levelled against DP Gachagua meet the threshold for impeachment. Mutuse, particularly faulted Gachagua for making divisive statements he avers pose a threat to national unity.
"The DP is very loud and it is clear that he has no apologies to make for saying Kenya is a company belonging to shareholders for the benefit of shareholders," he stated.
At the same time, Speaker Kingi directed witnesses presented by the National Assembly to be unveiled for cross-examination and allocated 3 hours for the entire exercise.
3:12 pm: Speaker Kingi Dismisses Objection to 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.
3:00 pm: Speaker Kingi Dismisses DP Gachagua's Petition to Remove Orengo as Lawyer
Senate Speaker Amason Kingi has rejected an objection by DP Gachagua's legal team to prevent Siaya Governor and Senior Counsel 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.
1:16 pm: Speaker to Rule Over the New Evidence Issue
Following objections raised by DP’s lawyers, Speaker Amason Kingi announced he will issue a ruling at 2:30 pm over new documents that had not been submitted to both parties before the hearing.
1:11 pm: DP's Legal Team Objects to New Evidence Submitted
Lawyer Ndegwa Njiru objected to the National Assembly’s submission of new evidence that he said was not served prior to the hearing.
“Our response was exclusively limited to the documents we were served with. Mr Speaker these (new) documents will violate our rights to a fair hearing. This is trial by ambush by the National Assembly,” advocate Njiru objected.
“Further to that, we were equally served with a bundle of documents from the National Assembly labelled as ‘Responses from Various Government Agencies’. This is new evidence that does not find itself on pages 547 to 548 of the bundle of documents submitted to this honourable House.”
12:55 pm: DP Pleads 'Not Guilty'
Deputy President Gachagua pleads not guilty to all 11 charges levelled against him during the impeachment motion presented by the National Assembly before the Senate.
Among the charges are gross violation of the Constitution, breach of International Laws, economic crimes as well as gross misconduct.
12:11 pm: DP Declines to Sit as Charges are Read
DP Gachagua asked to take a seat as charges against him were read out by the Clerk of the Senate. However, the deputy president declined and opted to remain standing.
11:45 am: DP Gachagua's Legal Team Objects to Counsel James Orengo's Involvement in the Hearings
DP Gachagua's legal team, through Lawyer Ndegwa Njiru, objected to Legal Counsel James Orengo appearing on behalf of the National Assembly.
"We are objecting to senior advocate James Orengo to represent the National Assembly in this proceedings. Our objection is in line with the rules of this house," DP's legal team appealed.
11:30 am: Kirinyaga Residents Protest Against DP Impeachment
Kirinyaga residents protested in Kagio town. The residents, seemingly annoyed by the impeachment of DP Gachagua, urged the Senate to reject DP Gachagua's impeachment motion.
Residents further called on Senators hailing from the Mt. Kenya Region to vote against the motion.
11:08 am: Senate Starts Hearing of DP Gachagua's Impeachment
The Senate officially kicked off Gachagua's impeachment trial after the House reached the required quorum to conduct the business of the day.
9:45 am: DP Gachagua Arrives at the Senate
Deputy President Rigathi Gachagua accompanied by his legal team arrived at the Senate ahead of the trial set to kick off at 10:00 am.
9:16 am: High Court Declines to Halt DP Gachagua's Impeachment
A three-bench judge declined to stop DP impeachment trial, however, made provision to allow the DP to approach the High Court for orders once the process is concluded.
“It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will be required to be interrogated we therefore find that the enhancement of the Constitutional principle of separation of powers will be best served by declining the application at this point,” the High Court ruled.
9:15 am: Journalists Leave Senate Chambers
Senate Speaker Amason Kingi asked members of the press to leave the chambers of the Senate shortly the hearing kicked off.
9:00 am: Security Heightened at Parliament Buildings
Security has been heightened as Parliament Road was closed ahead of the Senate impeachment trial proceedings slated to begin at 9 am.
The National Assembly is expected to present witnesses before the Senate Plenary today to prosecute the case against the Deputy President.
