Mp Mutuse’s Impeachment Claims were torn into by Rigathi Gachaguas lawyers during a tense and dramatic Senate hearing, facing tough questions and gaps in evidence.
Kibwezi East MP Mwengi Mutuse endured nearly two hours of intense questioning from Deputy President Rigathi Gachagua’s legal team during a Senate hearing as he attempted to support the 11 charges in his impeachment motion. The trial, which followed the National Assembly’s presentation of four key witnesses, saw Mutuse struggle to substantiate many of the claims he had brought forward.
Senior Counsel Paul Muite led the rigorous cross-examination, pressing Mutuse to provide clear evidence for the allegations. During the questioning, the MP frequently faltered, particularly when asked to explain how the purchase of Olive Gardens Hotel was linked to the Deputy President’s misconduct.
One of Mutuse’s central accusations was that Gachagua had accumulated Sh5.2 billion in wealth since taking office in 2022. However, when asked to explain how this figure was calculated, Mutuse admitted it was a rough estimate based on current land values and properties associated with the DP. Advocate Elisha Ongoya further challenged the accuracy of this amount, with Mutuse eventually conceding that it was speculative.
At one point, Gachagua’s legal team labeled Mutuse a “hostile witness” and questioned his credibility. Advocate Ongoya pressed him on how he arrived at the Ksh.5.2 billion valuation, highlighting Mutuse’s lack of expertise in property valuation.
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 struggled to defend his claim that Gachagua owned Vipingo Beach Resort, a prime property central to the impeachment case. Advocate Ongoya highlighted discrepancies in the documents provided by Mutuse, which showed the resort was owned by the estate of Gachagua’s late brother, Nderitu Gachagua.
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 also pressed to provide evidence that Gachagua used proxies to participate in a Ksh.3.7 billion mosquito net tender allegedly marred by corruption, but he failed to provide conclusive proof.
Throughout the questioning, Mutuse appeared increasingly uncertain about the details of his own impeachment motion. This led Kitui Senator Enoch Wambua to ask, “Is this impeachment motion really yours? The witness seems unable to prove any of his claims.” Mutuse defended his role, asserting that he drafted the motion but acknowledged that some of the evidence was insufficient.
