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Newsunplug Kenya > Blog > News > Why Gachagua’s impeachment trial was defective, according to attorney Willis Otieno
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Why Gachagua’s impeachment trial was defective, according to attorney Willis Otieno

Ivy Irungu
Last updated: October 18, 2024 8:44 am
Ivy Irungu
9 months ago
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Safina Party Deputy Party Leader and counsel Willis Otieno has criticized the impeachment process of former Deputy President Rigathi Gachagua at the Senate, describing it as unfair and non-procedural. Speaking on Citizen TV’s Daybreak Show, Otieno contended that the senators did not allow Gachagua an opportunity to defend himself before concluding the trial.

He highlighted that the senators rejected a motion to adjourn the trial to Saturday after Gachagua was admitted to Karen Hospital and could not take the witness stand. “They were pretending to be fair by approving 5 out of 11 grounds. What would have stopped the senators from reconvening on Saturday? It means they had made up their minds to conclude by Thursday. They should have just given him time to speak,” the lawyer stated.

Otieno emphasized that the constitutional timelines cannot override the right to be heard, asserting, “In my view, the Senate missed the legal question by a mile. The sad thing is that to an extent, you deny someone in the hospital the chance to appear. Nobody should be denied an opportunity to defend themselves. The right to be heard is an absolute right; it can never be taken away.”

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He further suggested that Gachagua had become a “proverbial scapegoat” for the alleged misdeeds of his former boss, President William Ruto, asserting that Gachagua’s fate was already sealed. Otieno argued that the National Assembly should have filed impeachment motions against both Ruto and Gachagua, as they were a “package deal.”

“When you say Gachagua is promoting national disunity, Ruto in terms of senior appointments to parastatals, his tribesmen are holding the gold medal. Gachagua is just a spokesperson,” Otieno noted.
“If it’s division of wealth, Ruto’s wealth in the last years as DP and president is not commensurate with his salary as a DP or a president but has acquired colossal sums of money,” he alleged.

On the other hand, the counsel noted that Gachagua’s past remarks led to his ultimate downfall; a case of a pawn trying to please his master but ended up paying the ultimate price.
“If it was about accountability, the National Assembly should have brought a motion for Ruto and Gachagua. I’m not saying he is any angel because his conduct in the past, has an acerbic tongue.

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Following Gachagua’s removal from office through an official gazette notice, President Ruto has proposed Interior CS Kithure Kindiki as DP nominee to the National Assembly.

 

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