Nairobi — The impeachment motion against Deputy President Rigathi Gachagua faced scrutiny in the Senate as questions were raised about the strength of evidence presented by Kibwezi West MP Mwengi Mutuse, the motion's sponsor.
As Senators prepared for a make-or-break vote that would seal Gachagua's fate later Thursday, some expressed concerns over the credibility of the claims regarding Gachagua's accumulation of Sh5.2 billion within two years of taking office. The money was allegedly tied to money laundering and illicit dealings with the government.
Nandi Senator Samson Cherargei was among the first to question the validity of the evidence, particularly asking whether any documents from the Ethics and Anti-Corruption Commission (EACC) were submitted to substantiate the claims about Gachagua's wealth. Cherargei pressed Mutuse on whether he had accessed wealth declarations filed by Gachagua to support the allegations.
Mutuse however, defended his motion, clarifying that his role was not to provide definitive evidence but rather to present circumstantial evidence pointing to potential misconduct. He emphasized that the job of investigating and proving such claims rested with the appropriate law enforcement agencies.
"I was not conducting an investigation because that is the work of the relevant arms, what I have presented is circumstantial evidence that clearly links the Deputy President to a scheme to launder money among other crimes," he said.
Busia Senator Okiya Omtatah questioned Mutuse's understanding of the impeachment process, asking whether he had differentiated between a censure motion and an impeachment motion, and whether the motion met the necessary thresholds for impeachment.
Marsabit Senator Mohammed Chute further challenged the evidence, suggesting that it was based more on rumors than concrete proof. He questioned whether Mutuse had presented clear evidence of how Gachagua's wealth had accumulated to KSh 5.2 billion.
Deputy Speaker Kithure Murungi also sought clarification on whether Mutuse had accessed Gachagua's financial records from before the 2022 election, which would allow for a comparative analysis of his wealth.
Kisii Senator Richard Onyonka raised concerns about the serious accusation of money laundering, questioning whether there was any substantial evidence showing a distinction between the money Gachagua handled as an MP and as Deputy President.
The senators also focused on allegations that 22 companies referenced in the motion were acquired through conflicts of interest involving government contracts. Senate Majority Leader Aaron Cheruiyot demanded more proof that ownership of these companies was tied to illegal or unethical activity.
Migori Senator Eddy Oketch pushed for more details about the net worth of these companies, demanding evidence that they were used to amass wealth through government-related business.
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In his motion, Mutuse accused Gachagua of coercing the sale of his late brother's properties, further alleging that Gachagua had transferred his companies to his sons, who then took out a loan of KSh 600,000. Mutuse also questioned whether Gachagua had disinherited his late brother's family.
Isiolo Senator Fatuma Dullo asked whether Mutuse had consulted Gachagua's family regarding the handling of the estate, particularly concerning the widow and children of the late Nyeri Governor Nderitu Gachagua.
Nominated Senator Beth Syengo echoed these concerns, questioning whether the family had provided any evidence to support the accusations against Gachagua.
The Senate also turned its attention to Gachagua's legal team, asking for clarification on a video clip used as evidence. The clip showed Gachagua publicly criticizing the Director General of the National Intelligence Service (NIS), Noordin Haji, for what he described as failures in preventing anti-government protests following the Finance Bill 2024.
Senate Majority Leader Cheruiyot asked whether the use of the clip, which featured a past statement by President William Ruto, implied an acceptance of Gachagua's behavior by drawing a comparison with Ruto's actions as Deputy President.
Nominated Senator Syengo further inquired about the purpose of another clip played by Gachagua's team, which showed Ruto speaking in Murang'a and referenced the phrase "Kufa Dereva, Kufa Makanga" (if the driver dies, the conductor dies), asking how it related to the current case.
