Kenya: Gachagua's Fate to Be Decided Today As Senate Prepares for Impeachment Vote

Kenya Deputy President Rigathi Gachagua
17 October 2024

Nairobi — Deputy President Rigathi Gachagua will know his fate today as Senators prepare to vote on his impeachment charges.

The proceedings, which will see witnesses cross-examined before Gachagua delivers his final defence, will culminate in a critical vote on each of the 11 charges.

These charges include gross misconduct, abuse of office, corruption, and mismanagement of public resources, and the Senate's decision will determine whether the Deputy President will be impeached or acquitted.

Gachagua, who has denied all the charges, appeared before the Senate on Wednesday, where his legal team mounted a strong defence.

Kibwezi West MP Mwengi Mutuse, the mover of the impeachment motion, faced intense scrutiny during cross-examination by Gachagua's lead lawyer, Elisha Ongoya. Mutuse, who accused Gachagua of amassing a Sh5.2 billion fortune since taking office, was challenged to substantiate his claims.

Ongoya pressed Mutuse on how he arrived at the figure, accusing him of lacking the expertise to make such valuations.

"Who gave you the value of Ksh.5.2 billion?" Ongoya questioned sharply, prompting Mutuse to admit that the figure was an estimate based on land and property values. Ongoya sarcastically asked whether Mutuse was acting as a lawyer or a property valuer, further undermining the credibility of his claims.

Tensions escalated when Mutuse was confronted with documents revealing that one of the key properties cited in the motion--Vipingo Beach Resort--was owned by Gachagua's late brother, James Nderitu Gachagua, rather than the Deputy President himself. This revelation led to accusations that Mutuse had misrepresented facts in the impeachment motion.

"Is the DP speaking the truth when he says his late brother owns Vipingo Beach Resort?" Ongoya asked. Mutuse, after some hesitation, admitted that the property did indeed belong to the late Nderitu Gachagua.

In addition to the property allegations, Mutuse was also pressed to provide evidence that Gachagua had used proxies to secure a Ksh.3.7 billion mosquito net tender through KEMSA. The motion claims Gachagua pressured KEMSA officials to award the tender to Crystal Ltd, a company involved in a fraudulent bid bond, but Mutuse struggled to produce clear proof to support this claim.

Another contentious issue involved Gachagua's controversial public statements, including a comparison of the country to a company with shareholders, which Mutuse cited as an example of misconduct. However, Ongoya pointed to the Kenya Kwanza coalition agreement, which outlines political party allocations, further weakening Mutuse's argument.

The impeachment trial also revolves around Gachagua's rapid acquisition of high-value properties, such as Outspan Hotel, Olive Gardens Hotel, and Treetops Hotel, with Mutuse claiming that the speed of these acquisitions raises suspicions of impropriety.

He also accused Gachagua of diverting public resources, including a road construction project, to his private Vipingo property.

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