Lawyers representing Deputy President Rigathi Gachagua in his impeachment case stated they had no reason to continue without their client’s presence. They walked out as the trial proceeded after the Senate decided to continue with the impeachment despite Gachagua’s illness.
Some senators allied to the Deputy President also left with the lawyers. “We shall be perpetuating an illegality if we were to sit in Parliament without instructions from our client,” said lawyer Ndegwa Njiru, speaking to the media outside Parliament Buildings.
The senators voted down the request from Gachagua’s legal team for more time due to his sudden illness. Speaker Amason Kingi directed that a motion for an extension to Saturday, October 19, would be the last possible date allowed by law. However, the majority of senators rejected the proposal, insisting the impeachment trial proceed immediately.
“It’s unfortunate that the majority voted against the motion. It’s only fair that the privacy of the DP be respected,” remarked lawyer Victor Swanya.
Kiambu Senator Karungo Thangwa questioned the urgency of proceeding with 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,” he stated.
Gachagua’s lead counsel, Senior Counsel Paul Muite, had urged the Senate to postpone the hearings until Tuesday next week, citing Gachagua’s hospitalization due to severe chest pains. Muite emphasized the constitutional requirement for the Senate to allow the Deputy President a chance to be heard, arguing that Gachagua’s absence was due to medical reasons beyond his control. He also pointed to Senate standing orders that require the accused to have the opportunity to be heard unless they choose not to appear.