Deputy President Rigathi Gachagua is reportedly relying on the services of around 20 law firms to defend him against the 11 charges outlined in the motion seeking his removal from office in Parliament.
Having kept a low profile for the past five days, the DP is said to have been holding meetings with his legal team to prepare a strong defense and counter the effort to oust him.
Sources familiar with Gachagua’s legal team reveal that the defense will be led by veteran Senior Counsel Paul Muite, who will join forces with renowned lawyer Fred Ngatia, one of Kenya’s top legal minds, to face the DP’s accusers in the National Assembly and Senate, should the motion advance.
The legal team is also contemplating escalating the matter to the Supreme Court if they are unsuccessful in Parliament and the lower courts.
Victor Swanya, one of the lawyers who filed a case earlier this week to halt the impeachment motion in the National Assembly, confirmed in an interview that Muite will lead Gachagua’s legal team.
“Senior Counsel Paul Muite is the one who is leading us. We have counsels Tom Macharia, Amos Kisilu, Elisha Ongoya, and others,” Swanya said.
According to Swanya, the team has thoroughly reviewed the charges facing Gachagua and is ready to address them head-on. “We have looked through the points, the accusations against the Deputy President, and we’re prepared to deal with them,” he said.
The defense is reportedly building their case around the issue of public participation, arguing that the process did not meet constitutional standards.
“You are giving a notice at night and expecting people to wake up and participate in the exercise. How fair is that? There are people who worship on Saturday, and they cannot participate. Notice should be reasonable,” Swanya added.
Gachagua is said to have met with his legal team on Saturday in one of their regular strategy sessions aimed at mounting a strong defense.
Paul Muite, a seasoned lawyer, has represented high-profile clients in several significant cases. He successfully defended former Embu Governor Martin Wambora, challenging his impeachment by the Senate on the grounds of inadequate public participation.
Fred Ngatia, highly regarded in legal circles, represented President William Ruto in the 2022 General Election petition, and previously represented former President Uhuru Kenyatta in the 2013 and 2017 presidential petitions.
Elisha Ongoya, another key member of Gachagua’s defense, is remembered for leading the legal team that defeated the Building Bridges Initiative (BBI), a case that reached the Supreme Court. Ongoya also represented Meru Governor Kawira Mwangaza in two impeachment motions at the Senate. He was successful in the first, where Senators voted to keep Mwangaza in office, though the second impeachment, which removed Mwangaza from office, is still pending in court after her legal team secured a stay order on the Senate’s decision.
