Senate Votes to Proceed with Deputy President Gachagua’s Impeachment Trial in His Absence

On Thursday, the Senate voted to continue with the impeachment trial of Deputy President Rigathi Gachagua despite his absence. Senators unanimously rejected a procedural motion to adjourn the session to Saturday, October 19, 2024.

Senate Speaker Amason Kingi explained, “This process is constitutionally time-bound, and since the period expires on Saturday, the only option is to gazette Saturday as the final day for hearing this matter.” He then directed the clerk to circulate a motion of adjournment before the senators voted.

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Kingi had initially proposed to adjourn Thursday’s afternoon session until Saturday, but senators voted against the idea after hearing from Gachagua’s lawyer, Paul Muite. Muite informed the Senate that the Deputy President was unable to attend due to severe chest pains and had been admitted to Karen Hospital.

“I’ve contacted the doctors, but I couldn’t speak directly to him due to his condition,” Muite said, adding that the Deputy President’s absence was due to his health, not a deliberate decision to avoid the trial.

Muite asked the Senate to allow a few days for Gachagua to recover and be able to appear in person. He also pleaded with Speaker Kingi to grant the Deputy President the opportunity to defend himself before the vote, requesting an adjournment until Tuesday, pending Gachagua’s recovery.

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However, National Assembly Senior Counsel James Orengo questioned the legitimacy of Gachagua’s illness, suggesting that the Senate should require an official doctor’s report. Orengo said, “We haven’t been given any solid evidence. We’re just relying on Muite’s word. In similar cases, documents provided have sometimes been proven fake.”

Orengo also pointed out that Gachagua was present earlier in the day and went to his office, stating, “There’s no evidence he was evacuated by ambulance.”

Earlier in the day, the trial had been unexpectedly halted after Gachagua failed to return for the afternoon session, sparking concerns about his sudden absence. His legal team confirmed his hospitalization, with Muite stating, “Unfortunately, the DP has been taken ill and is currently in hospital.”

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Muite requested additional time to monitor Gachagua’s condition and asked the Senate to reconvene later in the day after he could assess the situation with the doctors. However, the senators chose to proceed with the trial, setting the stage for further developments.