A programme prepared by the Senate Clerk shows that Deputy President Rigathi Gachagua will have four hours on Thursday, October 17th, from 9 a.m. to 1 p.m. to present his defense against the impeachment charges. In the afternoon, there will be a session for cross-examination. During this period, Gachagua’s legal team will also have the opportunity to call witnesses they believe will help protect his position. While the names of the witnesses remain undisclosed, his legal team has confirmed they have several lined up.
After Gachagua’s presentation, Senators will have the chance to ask questions and seek clarification. Following that, Gachagua’s team will have one hour for their final submissions. The National Assembly team, led by Kibwezi West MP Mwengi Mutuse, will also be given an equal amount of time to present their closing remarks. The voting is expected to take place around 7:30 p.m.
On Wednesday, the National Assembly team will have the same time as Gachagua’s defense team to present their case, calling several witnesses to the stand. Among those lined up to defend the impeachment motion are Nairobi Governor Johnson Sakaja, Secretary to the Cabinet Mercy Wanjau, and former acting KEMSA CEO Andrew Mulwa. Both sides’ legal teams are already combing through the details in preparation.
Gachagua’s team, which has 20 lawyers, will be led by Senior Counsel Paul Muite, supported by other top legal minds. The National Assembly’s defense team, equally formidable, is led by Senior Counsel Paul Nyamodi and includes Eric Gumbo, Kipkogei Moses Kipkemboi, Dr. Muthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, Joan Jeruto, Muriuki Eric Mwirigi, Mwereru Boniface Mawira, and Ondago Kevine Otieno.
Attorney General Dorcas Oduor has stated that her role remains advisory throughout the process. The 10-day period prescribed by the Constitution to resolve the matter is already in progress, with members working against the clock to meet the deadline. If 45 Senators support the motion, Gachagua could be removed from office.
According to Article 149 of the Constitution of Kenya 2010, “within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it.”
However, if Gachagua can secure 23 Senators to oppose his impeachment, the motion will fail, and he will retain his office.
