Lawyers representing the National Assembly are now urging the Senate to proceed with the impeachment proceedings against Deputy President Rigathi Gachagua, despite his absence from the House. This comes after DP Gachagua was reportedly taken ill with intense chest pains and rushed to Karen Hospital for treatment on Thursday, as stated by his lawyer, Senior Counsel Paul Muite.
Muite requested that the proceedings be adjourned until Tuesday next week to allow the DP to receive proper medical care and later take the witness stand to present his defense in the impeachment case.
However, lawyer Eric Gumbo, representing the National Assembly, argued that Gachagua is not required to physically defend himself in the House. He noted that the DP could appoint someone else, including his advocate, to represent him or simply file documents.
According to Gumbo, the witness statements and documents already provided by the Deputy President during the hearings before both the National Assembly and now the Senate are sufficient for consideration by the House. He explained that continuing with the proceedings in Gachagua’s absence would primarily impact the National Assembly’s legal team, as they would miss the opportunity to cross-examine him.
“The opportunity to be heard does not have to be oral; the rules of this House allow parties to be represented, appear in person, or file documents. The Deputy President has participated robustly in the proceedings, both before the National Assembly where he filed a very detailed replying affidavit and response,” Gumbo said.
He continued, “If my memory serves me right, the Deputy President filed a response dated October 8, 2024. When the proceedings before this House began, he filed another robust response dated October 12, 2024. Up to this point, the Deputy President and his team have had ample opportunity to present their case.”
Gumbo added, “They’ve had the chance to cross-examine in great detail all the witnesses we presented. If any prejudice were to arise, it would be on us, as we expected the Deputy President to attend and allow us to cross-examine him.”
He also pointed out that since Gachagua is reportedly in critical care, it is uncertain whether he will be able to present himself before the House on Tuesday as requested by his counsel.
“Taking into account the circumstances that we find ourselves in, having also very keenly heard Senior Counsel Muite speak, matters health are not matters to be taken lightly. On the same tone, matters health cannot be given timelines; there cannot be certainty that if an adjournment were to be given even for one week, then there’s certainty that we may be able to proceed on that assigned day,” he stated.
“On our part, the part of the National Assembly, so that we’re able to give progress to this matter, we’re willing to take the painful decision to forgo the cross-examination of the Deputy President and only proceed with highlighting submissions in relation to the documents we have filed in this House.”
Gumbo further noted: “Let me end by drawing the attention of this court to rule 12 of the rules governing the proceedings currently underway. It dictates that once the hearing has commenced, it shall proceed upto the end. It does not provide for an option for the House to adjourn.”
Senior Counsel James Orengo, also representing the National Assembly, reiterated Gumbo’s remarks stating that despite looking forward to cross-examine Gachagua, he is willing to take the loss in stride if the proceedings continue due to the nature of the matter.
He however poked holes into Gachagua’s reported hospitalization, stopping short of accusing the DP of feigning sickness as he questioned why his legal team did not avail to the House medical records to back up the claim of falling ill.
“If in accordance with the Election Law you’re required to subscribe your nomination papers on a certain day, and you fail. You’re running for President or DP and you’re told that you must present your nomination papers on a certain day as it is there in the law, would you feign sickness and fail to present your nomination papers? And I can tell you, if you fail to do so, the law will not give you any accommodation,” said Orengo.
“Even that medical evidence that he’s been admitted to a medical institution, we don’t have it. I think what the DP should’ve done, we should’ve had one of the doctors here so that they tell us about his admission and condition. Because upto 1:15pm, the DP was here, he was not evacuated from here in an ambulance.”
