A dramatic showdown unfolded in the Senate on Wednesday evening during the impeachment trial of Deputy President Rigathi Gachagua. Tensions flared after a day of submissions when DP Gachagua’s legal team took the floor to cross-examine Kibwezi West MP Mwengi Mutuse, who had moved the impeachment motion.

Advocate Elisha Ongoya led the charge, challenging Mutuse to substantiate claims that Gachagua had amassed a Ksh.5.2 billion fortune since assuming office as the Deputy President. This figure was one of 11 grounds cited in the impeachment motion.

Ongoya expressed skepticism over the valuation and pressed Mutuse, a lawyer, to explain how he and his team arrived at the Ksh.5.2 billion figure. Under intense questioning, Mutuse hesitated and, despite attempts to sidestep the inquiry, eventually admitted that the valuation was based on estimated land values and the worth of properties linked to Gachagua.

At one point, Gachagua’s legal team labeled Mutuse a “hostile witness,” questioning whether the MP was qualified to assess property values or if he was acting merely as a lawyer.

Adv. Ongoya: “Who gave you this value of Ksh.5.2 billion?”
MP Mutuse: “We said it is estimated at Ksh.5.3 billion.”
Adv. Ongoya: “Who gave you that estimated value of Ksh.5.2 billion?”
MP Mutuse: “We have made the additions. It is a matter of additions.”
Adv. Ongoya: “So you are saying that when we take you through these properties, we will get a value of about Ksh.5.2 billion?”
MP Mutuse: “Approximately, yes.”
Adv. Ongoya: “You said you made the additions, and those additions resulted in a definite figure, Mr. Mutuse. Are you saying that adding the values will give us Ksh.5.2 billion?”
MP Mutuse: “There is the stated value in the sale agreements and acquisition documents… I will also tell you what, in my view, the properties are worth.”
Adv. Ongoya: “What in your view are the values of some of the properties? Have you now graduated from lawyer to valuer?”
Adv. Ongoya: “Using what expertise did you assign those values?”
MP Mutuse: “Market value. I know you know that in Kitale, an acre goes for Ksh.4 million, and in Kilifi, it goes for Ksh.2 million. That’s the reasonable man’s test.”

Mutuse also faced difficulties when attempting to back his claim that DP Gachagua owned the Vipingo Beach Resort, a key asset at the center of the impeachment case.

Advocate Elisha Ongoya highlighted discrepancies in Mutuse’s assertions, pointing out that, according to documents presented by the MP himself, the property in question is owned by the estate of Gachagua’s late brother, Nderitu Gachagua. This contradiction further weakened Mutuse’s case as Gachagua’s legal team continued to press for clarity on the impeachment claims.

Adv. Ongoya: “It may be getting hotter, but look at the document, compose yourself, and read. What is the total number of shares in Vipingo Beach Company?”
MP Mutuse: “10,000.”
Adv. Ongoya: “Who is indicated as the owner of all those 10,000 shares?”
MP Mutuse: “The late James Nderitu Gachagua.”
Adv. Ongoya: “When the DP says this company is wholly owned by his late brother, is he speaking the truth or not?”
MP Mutuse: “Yes.”

Mutuse was further pressed to provide concrete evidence supporting his claim that DP Gachagua had used proxies to participate in a Ksh.3.7 billion mosquito net tender, allegedly tainted by corruption. The impeachment motion accuses Gachagua of exerting undue influence on KEMSA officials to award the contract to Crystal Ltd, a company that reportedly submitted a fake bid bond in an attempt to fraudulently secure the tender.

Another point of contention involved Gachagua’s infamous statement likening the country to a company with shareholders. Advocate Elisha Ongoya cornered Mutuse by asking him to reference clauses from the Kenya Kwanza coalition agreement, which explicitly allocates shares to constituent parties within President Ruto’s administration.

Central to the impeachment motion is the accusation that Gachagua accumulated Ksh.5.2 billion in wealth in just two years, an amount Mutuse argued was implausible for a public servant to amass legally in such a short span. The properties listed include the Outspan Hotel in the Aberdares, purchased in September 2023 for Ksh.535 million—one year after Gachagua assumed office—along with Olive Gardens Hotel and Queens Gate Serviced Apartments in Nairobi, Vipingo Beach Resort in Kilifi, and Treetops Hotel in Nyeri.

Mutuse also alleged that Gachagua had acquired 40 acres of land in Kamburaini, Nyeri, where he purportedly built a helicopter landing facility, in addition to 80 acres in Meru and a dairy farm in Nyandarua. The motion further claimed that the DP purchased land in Embakasi, Nairobi, through proxy companies.

Gachagua is additionally accused of diverting a contractor working on the Kilifi-Malindi road to instead tarmac a private road leading to Vipingo Beach Resort. Moreover, Mutuse charged that millions of taxpayer shillings were squandered on lavish renovations of the DP’s official residences in Karen and Mombasa, along with Ksh.100 million allegedly spent on red carpets for Gachagua’s events and functions.