Win for National Assembly in Gachagua impeachment proceedings

By Peter Ochieng

The National Assembly has started the defence of an impeachment motion against Deputy President Rigathi Gachagua, on a positive note.

Earlier, Ndegwa Njiru, one of Gachagua’s lawyers had raised an objection which sought to bar Siaya governor James Orengo from representing the National Assembly in the proceeding.

The DP’s team argued that by virtue of being a state officer, Orengo ought to be disqualified from representing the National Assembly in the proceedings.

“It would be prejudicial to our client if this House will allow Senior Counsel James Orengo to represent the National Assembly in this process,” submitted Njiru.

However, in his ruling, Senate Speaker, Amason Jeffa Kingi dismissed the objection, stating that Gachagua’s lawyers failed to prove that by appearing for the National Assembly, Orengo was in for gainful employment.

“The learned counsel for the Deputy President did not deduce evidence to prove indeed the allegation of gainful employment,” ruled the former Kilifi governor.

“Having analysed the preliminary objection raised and for the reason I have given on the appearance for the National Assembly by Senior counsel James Orengo is hereby dismissed.”

The ruling means Orengo, one of the famed lawyers in the country, will be part of the National Assembly legal team during the proceedings on Wednesday and Thursday.

Earlier, the Clerk of the Senate, Jeremiah Nyegenye took over 1 hour to read all the 11 charges to Gachagua. After every charge, the Clerk asked the DP whether he pleads guilty or not guilty.

“Not guilty,” responded the DP.

At some point, Senate Speaker Kingi directed Gachagua to take his seat and only stand while making a plea.

However, the DP declined the invitation to sit, maintaining that he was okay standing.

The charges include gross violation of articles 10 (2) (a), (b) and (c); 27 (4), 73 (1) (a) and (2) (b); 75 (1) (c), and 129 (2) of the constitution and articles 147 (1), as read with article 131 (2) (c) and (d) of constitution, gross misconduct (insubordination) and gross misconduct (bullying), among others.