Good morning and a warm welcome to our live blog of day two of Gachagua's impeachment trial in the Senate.
Thursday is expected to be the last day of the impeachment process, but the Senate passed a resolution to extend it to Friday should the motion not reach its conclusion.
Crucially, today we expect to hear Gachagua's side of things, with Gachagua's team expected to have five hours cumulatively to make their case and present its witnesses.
Follow proceedings LIVE here:
22:35pm - Senate Begins Voting
Speaker Amason Kingi has announced the commencement of voting. According to the speaker, each senator will cast an individual vote for all eleven charges and the threshold for the number of senators who will vote is 45.
"Honourable Senators, these are the guidelines on how we are going to move forward. All Senators are eligible to cast their votes. The threshold is 45 Senators and we are going to vote for the charges separately. So we are going to vote 11 times," Speaker Kingi directed.
18:50pm - Closing Remarks
The National Assembly is making its closing remarks after which the Senate is expected to hold a closed session.
After the closed session, Senators are expected to vote on each and every one of the 11 charges laid against Deputy President Rigathi Gachagua.
18:40pm - Gachagua's Lawyers Walk Out
Gachagua's lawyers have walked out of the Senate after their bid to suspend the hearing was turned down.
"Arising from the decision of the Senate, we as the legal team representing the DP are not able to continue appearing without instructions. We, therefore, take our leave," Senior Counsel Paul Muite stated before walking.
The walkout raises many legal questions, with the top question being since Gachagua has expressed intent to challenge his ouster in court, will the court regard the impeachment process as being fair?
Gachagua's lawyer, Ndegwa Njiru told the media after walking out that participating further in the impeachment process would amount to 'perpetuating an illegality.'
“We shall be perpetuating an illegality if we were to sit in parliament without instructions from our client” Gachagua’s legal team pulls out of the continuing Senate trial," stated Njiru.
He argued that matters of the health of the Deputy President are matters of the state and only the president can inform the public and not his lawyers.
18:35pm - Senators Decline to Suspend Gachagua's Impeachment Hearing
Senate has voted by majority to continue with the impeachment motion against DP Gachagua after it emerged that the country's second in command took ill.
In a voice vote, a majority of Senators voted 'Naye' in a proposal by Speaker Amason Kingi to adjourn the motion to Saturday. This would give Gachagua a day to decide whether to appear in person or to allow his counsel to represent him.
Senate Majority Leader Aaron Cheruiyot moved the motion proposing to adjourn and hold the hearing on Saturday, October 19.
"The request for adjournment is not made to the Speaker but to the Senate and is accordingly a matter for the Senate to determine. I direct the clerk of the Senate to circulate supplementary order paper incorporating a notice motion and a motion for adjournment sought," stated Speaker Kingi.
17:35pm - Kingi Temporarily Suspends Gachagua's Impeachment Trial
Speaker Amason Kingi has temporarily suspended the Senate hearing on Gachagua's impeachment motion.
Kingi has decided to take five minutes, to retreat and think through whether or not the impeachment motion will proceed or will be adjourned until Tuesday, October 22.
In his response to the House, Gachagua's council Paul Muite asked the Senate to consider adjourning the hearing to Tuesday, October 22. However, lawyers representing the National Assembly have asserted that they are willing to forgo the cross-examination of Gachagua, and are asking for the impeachment motion to continue.
"The Deputy President has not chosen not to appear in the Senate…give the deputy president in the interest of justice, given the weight of removing a deputy president from office, give him a couple of days," Muite argued.
“So I do leave the matter in your hands. I would suggest article 145 (6b) doesn't have a time limit; give the DP a couple of days,” added Muite.
Eric Gumbo, who is among the lawyers representing the National Assembly argued that Gachagua would not be prejudiced if the Senate were to continue with the hearing.
According to Gumbo, the law provides for a person to either appear in person, file responses through affidavits, or be represented. Thus, Gumbo has asked for the impeachment trial set to conclude on Thursday to continue.
17:15pm - Gachagua Taken to Karen Hospital
DP Gachagua has been admitted to The Karen Hospital after being moved from Parliament buildings on Thursday. According to his lawyer, Paul Muite, Gachagua is suffering from intense chest pains.
Muite, who was granted two hours to find out the condition of Gachagua has reported to the House that Gachagua has been prescribed bed rest.
"I have been able to contact the doctors at Karen hospitals. There is a team of doctors who are looking after DP Gachagua. Because of his condition, I was not able to directly talk to him on the advice of his doctors that he must have complete rest for the time being. I was however informed that he is currently suffering intense chest pains," Muite asserted.
17:00pm - Senate Resumes
The Senate has resumed with an update on Gachagua's condition.
3:45 pm - Senators React to Gachagua's Illness
Senator Dan Manzo has reacted to Gachagua's illness, asserting that the deputy president looked tired during the lunch break.
Manzo also revealed that Gachagua ate lunch at Parliament buildings and ate with some Senators from his Mt Kenya backyard.
"The DP just looked tired. He had lunch at his office with some Senators from his region and they said he was okay. Everyone was expecting him including his lawyers," stated Mazo.
3:30pm - Impeachment Hearing Temporarily Suspended
Speaker Kingi has suspended Senate sittings after Gachagua was reportedly taken ill at a time when he was about to be cross-examined by the National Assembly lawyers led by Senior Council James Orengo.
"Rule 11 overrules the procedure where the DP fails to appear; the Senate can actually proceed or for exceptional reasons to be recorded, permits a late appearance before the Senate of the DP,” asserted Kingi.
He went on to give directions for the sitting to be suspended until 5pm.
"Having considered the two sides, my directions are as follows that we will suspend this sitting and resume exactly 5:00 pm. So we expect the DP then to take the witness stand at 5:00 pm. This is a time-bound process, unfortunately. It is so ordered," directed Kingi.
15:20pm - DP Rigathi Gachagua Hospitalised
Gachagua's lawyer Paul Muite tells the Senate plenary that the DP was hospitalised after falling ill just moments before he was set to appear before senators.
“The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick, and as I address Mr Speaker and this House, he is in the hospital," Muite stated.
14:45pm - Puzzle Over Gachagua's Whereabouts in Parliament
Gachagua is being looked for by his lawyer, Paul Muite. This is after the afternoon session resumed at 2:30pm, with Gachagua set to take center stage.
Gachagua is to take the stand, however, no one knows his whereabouts.
"The DP was going to take the stand. We came in here, I communicated the programme for the afternoon, and I said we are going to execute it with military precision owing to the fact that we needed to conclude business today. SC Paul Muite indicated that he cannot get hold of his client, that is not the concern of this house, so time is running out. The floor is available to the DP and no other Senator," stated Speaker Kingi.
14:35pm - Senate Impeachment Trial Resumes
The impeachment trial of DP Gachagua has resumed with slightly adjusted schedules. Speaker Kingi announces that Deputy President Gachagua will have two hours to present his case. Following this, the National Assembly's lawyers will cross-examine him for 90 minutes.
Senators will then get an hour to ask questions. Each side’s lawyers will have an hour for closing statements. A closed-door session will follow, as per Senate rules, before the final vote is taken.
13:15pm - Senate Adjourned
The Senate has taken a lunch break and will resume at 2:30pm when DP Gachagua is expected to take the stand.
13:00pm - Chaos in Senate
Chaos ensued at the Senate on Thursday after Speaker Amason Kingi threatened to eject Kajiado Senator Seki Lenku Ole Kanar from the proceedings, sparking accusations of bias and an intense exchange.
Tensions boiled over during a heated session when Senators were seeking clarifications from Abdi Ahmed Mohamud, the Ethics and Anti-Corruption Commission's (EACC) deputy CEO. As Mohamud attempted to address the questions posed, Senator Seki grew visibly frustrated, raising his voice in protest.
His grievances centred around feeling sidelined, as Speaker Kingi continued to instruct the witness to answer the previously raised queries.
Amidst the mounting tension, Senator Seki accused the Speaker of partiality, declaring, “I represent the people of Kajiado. I have a right to speak in this Assembly. But there seems to be a bias.” His remarks set off a wave of reactions from fellow Senators and caught Speaker Kingi’s attention.
12:45pm - EACC Confirms No Criminal Probe Into DP Gachagua
EACC Deputy CEO Abdi Mohamud has clarified that no criminal investigations have been launched against Deputy President Gachagua, despite corruption allegations raised in Parliament. "We have not investigated any companies linked to the DP, nor have we pursued any criminal matter involving him," Mohamud said.
Addressing the Kemsa tender scandal, Mohamud acknowledged significant mismanagement, hinting at possible external influence. "This tender was badly handled, and there must have been pressure from somewhere. Either the officers were bribed, or there was external pressure," he stated.
11:45am - Part of Cross-examination of EACC Deputy CEO
Njiru: The report from the Senate indicates there was no loss of public funds, correct?
Abdi Mohamud: Let me read this paragraph again so that we are together, "the committee observed that following termination of the tender, while there was no apparent loss of public funds, KEMSA lost...
Njiru: Just put a full stop there, pause. What has the committee observed?
Abdi Mohamud: You don't want me to finish the sentence?
Njiru: Yes I will lead you to that other part. What has the committee observed?
Abdi Mohamud: No public funds were lost.
Njiru: In your separation investigations that you conducted, did you arrive at the same conclusion?
Abdi Mohamud: There were no public funds lost because the tender was terminated.
11:30 am - EACC Deputy CEO Appears Before Senate Over Kemsa Probe
Abdi Ahmed Mohamud, the EACC deputy CEO, has testified before the Senate on the ongoing investigation into the Kemsa mosquito nets scandal, gifts received by Deputy President Gachagua, and conflicts of interest.
Mohamud revealed that the probe uncovered major procurement issues, including altered specifications favouring a company linked to the Deputy President. The tender period was extended to accommodate Shobikaa Impex, despite issues with its bid bond submission.
He noted that all bid documents were collected for evaluation, and disciplinary action was recommended for officers involved in the flawed tender process.
Regarding conflicts of interest, Mohamud clarified that state officers must disclose any personal interests, including those related to family or business associates.
On the issue of gifts, he stated that donations to public officers are considered state property, and items worth over Sh20,000 must be declared and surrendered within 48 hours. He confirmed that the EACC had not received any gift register from the Deputy President.
11:00am - MP Mwengi Mutuse Defends Impeachment Motion Amid Senators’ Scrutiny
Mwingi MP Mwengi Mutuse faced tough questions from Senators after moving a motion regarding Deputy President Gachagua's wealth. Nandi Senator Samson Cherargei challenged the credibility of the evidence, asking if any documents from the EACC were submitted or if Mutuse had accessed Gachagua's wealth declarations.
Mutuse defended his motion, clarifying that his role was to present circumstantial evidence, not conduct an investigation. "I wasn’t investigating; that’s for law enforcement. I’ve provided evidence pointing to possible misconduct," he stated.
Marsabit Senator Mohammed Chute also questioned the basis of the claims, suggesting they leaned more on rumours than solid proof. He pressed for clarity on how Gachagua's wealth allegedly reached KSh 5.2 billion.
10:35am Gachagua's Lawyer Makes Political Statement
Deputy President Rigathi Gachagua's lawyer Tom Macharia makes a political statement at the Senate while referring to the popular Kufa Dereva Kufa Makanga phrase which Kenyans have adopted to express their displeasure with both President William Ruto and Deputy President Rigathi Gachagua, calling for both of them to leave at the same time.
"Our position was that the address by the president in Murang'a was infact confirmation of the agreements. The president was merely saying, they are implementing the agreements they agreed upon and it was incumbent upon his deputy to assist the president in confirming they were implementing the agreement," the attorney said while referring to a clip played in court depicting President Ruto assuring Murang'a residents that they were big shareholders in the Kenya Kwanza government.
"It is not to say kufa dereva, kufa makanga. It is to say okeni makanga na muokoe dereva,"
10:29 Gachagua's Legal Team Fights Back Against Illegal Wealth Claims
The legal team representing Deputy President Rigathi Gachagua mounts defence, refuting claims that the second in command has acquired property through questionable means.
"Tree Tops Hotel wasn't acquired by the company in question from KWS. It was an assignment of lease that was already assigned by KWS to a third party," Elisha Ongoya, appearing for the Deputy President states.
9:40am - Senators Field Questions to Witnesses & Legal Teams
Senate Speaker Amason Kingi allows Senators to field questions to the two legal camps and various witnesses presented.
Majority Leader Aaron Cheruiyot questions the mover of the impeachment motion, Mwengi Mutuse whether it is a crime for the deputy president to own many companies and whether it is a crime for the deputy president's sons to be listed as directors of Vipingo Beach Resort.
"I see you have listed 22 companies here, is there any crime, by just owning these companies that you feel that the person you accuse has committed. Second, on this issue of Vipingo Beach, what is 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 unlawful or a crime in their part," Cheruiyot stated.
Busia Senator Okiya Omtatah questions Mwengi Mutuse on whether he understands the difference between an impeachment motion and a censure motion.
"If he does where does he place his motion, is it a censure motion or is it an impeachment and what are the thresholds for each of those two motions," Omtatah asked.
DP Gachagua Arrives at the Senate
Deputy President Rigathi Gachagua arrives at the Chambers accompanied by his staffers and his son Keith.
The legal team representing the National Assembly will be expected to cross-examine the deputy president at some point.
"My friend Senior Counsel Governor James Orengo will cross-examine DP Gachagua. Tomorrow. Sometime," Dennis Itumbi, the Head of Presidential Special Projects & Creative Economy had posted on X on Wednesday.
9:00am - Hearing Begins
The impeachment trial has started.
According to the schedule released by Speaker Amason Kingi, the Senate is expected to finish hearing the evidence through witnesses from the National Assembly at 9am.
8:00am Deputy Chief Justice Mwilu Speaks on Impeachment Process
Deputy Chief Justice Philomena Mwilu breaks silence on deputy president Rigathi Gachagua's impeachment process, assuring Kenyans that in the event the Senate impeaches him, and the matter finds its way to court, the case will be handled within the confines of the law.
"If it comes back to the courts, after the Senate, it is a case like the next case. It will be handled by we who sit in the Judiciary in the manner the Constitution has authorized us to do", Mwilu said.
Follow proceedings LIVE here:
7:30am - What to Expect in Senate Today
If all things go according to plan, the Senate is expected to vote on all the 11 charges facing Deputy President Rigathi Gachagua from 8:05pm on Thursday.
From 10:30am, Gachagua will have three hours to present his defence. This is slated to end at about 1pm after which Gachagua, who is the only witness in his case, will take the stand. According to the outline, Gachagua will take the stand from 2:30pm.
On Wednesday, the National Assembly laid its case with two witnesses taking the stand after Nairobi Governor Johnson Sakaja pulled out for another engagement.
The National Assembly introduced new evidence from state agencies in a bid to bolster their case. However, the cross-examination of the mover of the impeachment motion, Kibwezi West MP Mwengi Mutuse was the highlight of the day.
Gachagua’s defence sought to depose Mutuse on issue-by-issue basis on some of the 11 charges ranging from gross misconduct to subordination.
On Thursday, Gachagua’s team takes center stage, with Gachagua himself expected in the dock. He will face cross-examination.
The schedule shows both the National Assembly and Gachagua’s team have 60 minutes each to make their closing remarks between 5pm and 7pm.
There after, the Senate will have an open session, where Senators will voice opinions before heading to voting.
