Deputy President Rigathi Gachagua will present his defense in the impeachment process. He has four hours, from 9 a.m. to 1 p.m., to refute claims against him.
A schedule released by the Senate Clerk outlines the proceedings. “He will undergo cross-examination in the afternoon,” it states. His legal team can also call witnesses. The identities of these witnesses remain undisclosed.
Following Gachagua’s presentation, Senators will question him for clarification. His team will then have an hour for final submissions. Meanwhile, the National Assembly’s team, led by Kibwezi West MP Mwengi Mutuse, will prosecute their case on Wednesday.
Mutuse alleges Gachagua committed various violations, including breaches of the Constitution and discriminatory statements. Key witnesses for the impeachment include Nairobi Governor Johnson Sakaja and Secretary to the Cabinet Mercy Wanjau.
Both legal teams have prepared extensively for the hearings. Gachagua’s defense team consists of 20 lawyers. Senior Counsel Paul Muite leads this group, joined by Tom Macharia and Amos Kisilu. The National Assembly’s team is equally formidable, with Senior Counsel Paul Nyamodi at the helm.
On Tuesday, 281 Members of Parliament voted to impeach Gachagua, exceeding the two-thirds majority required. The Constitution mandates a 10-day window for the Senate to conclude the impeachment process.
Senate Speaker Amason Kingi has urged Senators to avoid public discussions about the impeachment. “This is an opportunity for the Senate to demonstrate its fidelity to the Constitution,” he remarked.
For Gachagua to be removed, at least 45 Senators must vote in favor of the motion. Conversely, if 23 Senators oppose the impeachment, he will retain his position. Should he be impeached, the President must nominate a replacement within 14 days. The National Assembly will then vote on this nomination within 60 days.
