Senate Speaker Amason Kingi was on Thursday forced to suspend Deputy President Rigathi Gachagua's impeachment trial after the second in command was reportedly taken ill at a time when he was about to be cross-examined by National Assembly lawyers led by Senior Counsel James Orengo.
Earlier, there was confusion at the chambers after Gachagua's legal team lead Paul Muite confessed that he was not aware of the deputy president's whereabouts. The deputy president was set to appear as a witness, forcing Kingi to step in and give the way forward.
Kingi before eventually ruling on adjourning the proceedings until 5pm, gave Gachagua's legal team some time to locate their client.
"Rule 11 overrules the procedure where the DP fails to appear, the Senate can actually proceed or for exceptional reasons,''
"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-barred process, unfortunately. It is so ordered," directed Kingi.
Minutes later, Muite told the plenary that the Deputy President had been hospitalised after falling 'very sick.' The hospital he was taken to, however, remained a mystery.
''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 revealed.
The Speaker was compelled to grant lawmakers time for consultation while also engaging with the legal counsels representing both the National Assembly and Gachagua to determine the next course of action.
After consultations were conducted, Kingi observed the house needed to hear and conclude the matter, in accordance with the communication outlined in the Order Paper.
''At the rise of the house at 1:15 pm, I made it clear that upon resumption, 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 need 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. The floor is available to the DP and no any other Senator,''
National Assembly lawyers, led by Orengo, appeared hesitant to advise the Speaker on what action to take, effectively shifting the responsibility back to him to make a ruling.
''I have heard what Senior Counsel Paul Muite has said, and Mr. Speaker, you have made it quite clear that these proceedings are time-barred. It is not so much about the situation in which the Deputy President finds himself, it is about the Senate complying with the provisions of the Constitution that within that timeframe you must make a decision,'' Orengo implored.
The Senate is scheduled to reconvene at 5 PM during which the proceedings will be expected to go on.
