Deputy President Rigathi Gachagua’s legal team has protested the decision by Senate Speaker Amason Kingi to allow the Ethics and Anti-Corruption (EACC) Chief Executive Officer Twalib Mbarak to testify against the second in command.
In its presentation, Gachagua's legal team led by Senior Counsel Paul Muite claimed the decision would irredeemably prejudice the trial against the deputy president. The senior lawyer argued that the invitation was against the provisions of Article 25 of the Constitution on fair trial.
The Senior Counsel questioned why neither the EACC nor the Directorate of Criminal Investigations (DCI) detectives investigated some of the criminal allegations levelled against Gachagua before the trial commenced.
In particular, the Deputy President's legal team questioned why the Anti-graft Commission or the DCI officers were never allowed a chance to probe allegations of money laundering as claimed by the motion tabled before the Senate plenary.
Muite while referencing Article 50 of the constitution underscored the need for a fair trial, further stating the need for the lawmakers to respect the rule of law. "We ask you to reconsider the exercise of that right so that the Deputy President may have a fair trial," Muite stated.
"The rules of the Senate must be respected but our Constitution also has to be respected. There has been no explanation why the EACC was never asked to investigate the allegations before they were tabled before the National Assembly. The National Assembly cannot investigate criminal offences," Muite argued.
Lawyer Muite made the comments after Speaker Amason Kingi accepted the request by the National Assembly to have the EACC chief Executive Officer Twalib Mbarak summoned to appear before the trial to shed light on some of the allegations levelled against the DP.
While responding to Muite’s argument, the National Assembly noted that the decision to summon the top detective was in line with Rule 10 of the Senate Rules of Procedure governing the trial of removal from office through impeachment of state officers. Rule 10 allows the person on trial to demand the summon of any person to appear before the House to adduce evidence.
The Senate plenary on Wednesday began the process of debating DP Gachagua’s impeachment shortly after the High Court in Nairobi ruled that the proceedings were in line with the constitution.
While appearing before the Senators, the second in command denied all the eleven charges levelled against him. Earlier in the day, DP Gachagua's team wanted the trial house to bar Senior Counsel James Orengo from appearing for the National Assembly.
Lawyer Ndegwa Njiru argued that James Orengo was the Governor of Siaya County thus the constitution restricted him from engaging in any other gainful employment activities as per Article 77 of the constitution.
However, Gachagua's plea was dismissed with Speaker Kingi noting that the deputy resident had not submitted any evidence to suggest that Orengo was engaged in gainful employment by appearing before the Senate.
