Rigathi Gachagua's defense counsel walked out of the Senate after their request to postpone the Senate hearing was declined by a majority of the senators.
In what was an eventful second day of the Senate hearing in the Gachagua impeachment trial, the counsel, led by Paul Muite, openly showed their discontent after Senate Speaker Amason Kingi ruled the trial process would continue in the absence of Deputy President Rigathi Gachagua.
"Mr Speaker, through you, let me recognise the right of this Honourable Senate to decide any issue put to it democratically which Mr. Speaker is what has happened," Muite stated
"Arising for that decision of this Honourable Senate, was the legal team representing the DP are not able to continue appearing without instructions. We humbly and with a lot of requests take your leave Mr Speaker and the leave of this honourable house."
Speaking outside parliament, counsel Ndegwa Njiru further broke down their reasons for declining to participate further in the proceedings, saying it would be improper to move forward in the absence of their client, whom they claim has been taken ill at the hospital.
"When the Senate decided to take that action, we decided to leave because we would be perpetuating an illegality by sitting in Parliament without adequate instructions from our client," Njiru observed.
Gachagua's counsel had earlier requested to have the trial pushed back to Tuesday next week, owing to Gachagua's uncertain medical conditions. Speaker Kingi, however, left the decision to the Senators in the house, saying such a decision was typically supposed to be made to the Senate, not the Speaker.
The Senators took a vote, with an overwhelming number voting yes to proceed with the trial.
The decision was heavily criticised by Gachagua's counsel, who decried malice in the Senate's apparent rush to conclude the trial.
"What is the rush with the Senate? Why do you want to conclude this issue today with the absence of the DP who is the accused? Those who have been given the closing remarks are MPs; they have taken over the Senate. It is a sad day for this country," Karungo Thangwa said.
What happened: Gachagua was in the house for a better part of Thursday morning during the trial. However, when the time came for the National Assembly counsel to cross-examine him, the DP was conspicuously absent, sparking concern.
His legal team, led by Senior Counsel Paul Muite, dropped a bombshell, disclosing the DP had been taken ill in hospital after falling ill just after lunch hour.
What ensued was a brief wave of confusion in the house, with Speaker Amason Kingi ultimately suspending the hearing untill 5pm.
The Senate hearing was plunged into deeper uncertainty when Gachagua was conspicuously absent when the clock hit 5pm. Muite, while addressing the Senators, was adamant the embattled DP was physically unable to present his defence before as he was suffering from chest pains.
"Because of his condition, I was not able to talk to him in the direction of his doctors. I was however informed that he was suffering intense chest pains. I did not want to inquire further," lead counsel Muite said.
Muite went on to request the Senate to accord Gachagua more time, citing Tuesday, October 22 as a plausible date when the DP can avail himself, citing article 145 sub-article 6 of the Kenyan constitution which states that a public officer undergoing an impeachment process before the Senate should be allowed the chance to defend himself before the Senators vote on whether he should be ousted.
Orengo's take: Muite's request was however met with fierce disapproval from the National Assembly's counsels, who were adamant the proceedings should go on in Gachagua's absence.
"We should have one of the doctors here, at least to tell us about his admission and his condition. There is no evidence that the DP was evacuated in an ambulance. In the absence of medical evidence from a doctor, Gachagua’s illness may be opportunistic," Orengo said.
