Nairobi — The mover of the impeachment motion against Deputy President Rigathi Gachagua, Kibwezi West MP Mwengi Mutuse, faced intense scrutiny from Gachagua's legal team during cross-examination in the Senate on Wednesday.
The impeachment trial, which saw dramatic exchanges, took a heated turn when the DP's lawyers demanded that Mutuse substantiate his claims.
Advocate Elisha Ongoya, leading Gachagua's defense, pressed Mutuse to justify the Ksh.5.2 billion fortune he alleged the Deputy President had amassed since taking office. This figure is a key point in the 11 grounds of Gachagua's impeachment. Ongoya demanded to know how Mutuse arrived at this valuation, questioning the validity of the figures and suggesting that the MP lacked the expertise to make such assessments.
"Who gave you the value of Ksh.5.2 billion?" Ongoya asked pointedly, to which Mutuse responded that the figure was an estimate based on land and property values. Ongoya further pressed him on his qualifications to make such valuations, sarcastically questioning whether Mutuse was acting as a lawyer or a property valuer.
The cross-examination became more tense when Mutuse was confronted with documents indicating that one of the properties central to the impeachment--Vipingo Beach Resort--was owned by the late James Nderitu Gachagua, the Deputy President's brother, rather than Gachagua himself. This led to accusations that the MP had misrepresented facts in his motion.
"Is the DP speaking the truth when he says his late brother owns Vipingo Beach Resort?" Ongoya asked. Mutuse reluctantly admitted, "Yes."
In addition to the property allegations, Mutuse was challenged to present evidence that Gachagua had used proxies to win a controversial Ksh.3.7 billion mosquito net tender. The motion alleges that the DP influenced KEMSA officials to award the tender to Crystal Ltd, a company involved in the bid bond controversy. However, Mutuse struggled to provide definitive proof of this claim.
Another focal point in the impeachment trial was Gachagua's controversial remarks comparing the country to a company with shareholders. Mutuse had included this in his motion as an example of Gachagua's misconduct, but was cornered when Ongoya referred to the Kenya Kwanza coalition agreement, which explicitly outlines the shares allocated to political parties within President Ruto's government.
The impeachment trial revolves around accusations that Gachagua has rapidly accumulated wealth, including high-value properties such as Outspan Hotel, Olive Gardens Hotel, and Treetops Hotel, among others. Mutuse claimed these acquisitions were suspicious given the short time Gachagua has been in office. Additionally, Mutuse alleged that Gachagua diverted public resources for personal benefit, including a road construction project redirected to his private property in Vipingo.
The Senate proceedings will continue, with both sides set to present and cross-examine witnesses ahead of a crucial vote scheduled for Thursday.