Senate · Afternoon Sitting

Clerk, do we have quorum? Clerk, proceed to call the first Order.

[(The Clerk-at-the-Table consulted the Speaker)]

Hon. Senators, this morning at the commencement of the hearing for the removal from office, by impeachment, of His Excellency Rigathi Gachagua, the Deputy President of the Republic of Kenya, Legal Counsel for the Deputy President; Mr. Ndegwa Njiru, Learned Counsel, raised a preliminary objection on the legal representation for the National Assembly. Learned Counsel opposed the appearance of Hon. …

Learned Counsel submitted that the Hon. James Orengo, SC, is a full-time serving state officer as per Article 260 of the Constitution, as read together with Section 26, Subsection (2), of the Leadership and Integrity Act, which bars a full-time state officer from engaging in any other gainful employment. Counsel further submitted that it would be prejudicial to the Deputy President if the Senate a…

potentially come for adjudication in the Senate and that no such possibility exists into the current matter with Hon. James Orengo, SC, as the Governor of Siaya County. In his rejoinder, Mr. Njiru, Learned Counsel, submitted that Hon. Orengo, SC, is the serving Governor of Siaya County and, therefore, a full-time State officer and by that fact is in violation of Article 77 of the Constitution. F…

appearance for the National Assembly by Senior Counsel James Orengo, SC, is hereby dismissed. We will now hear the response on the second objection raised by the Counsel for the Deputy President. Counsel, you have five minutes to do that.

Thank you, Mr. Speaker, Sir. I will endeavour to respond to the Preliminary Objection within the time allowed for us. The objection was premised on Rule 20 governing the proceedings that are currently before this House. The rule reads that: “In presenting its evidence, the Assembly shall not introduce any new evidence that was not a part of the allegations against the President by the National A…

How then, Mr. Speaker, Sir, do we get to answer that question? I have had a look at the specific document that my learned friend, Mr. Ndegwa Njiru, objected to. It is an affidavit by one Mr. Peterson Njomo Muchira. Mr. Njomo Muchira says that he followed the proceedings before the National Assembly. He says in particular at his Paragraph 4 that he has also had occasion to look at the response fil…

Counsel for the National Assembly, you have one minute.

Thank you, Mr. Speaker, Sir. Mr. Peterson Njomo then says that he has information, which indicates that number one is a shareholder to the company, which bought that hotel and that according to him, he got into a secret transaction with His Excellency the Deputy President to buy it. It is our submission that, that is material that is relevant for purposes of consideration of the matter that is be…

Thank you. Hon. Senators, ladies and gentlemen, we need not take a break to allow me prepare my ruling. Just give me a minute; I put my thoughts together so that we may make progress.

Mr. Speaker, Sir, with your kind permission, I was just seeking your guidance on whether I need to do a rejoinder because I am the one who had moved the National Assembly in respect to the---

Very well, you may go on as I put my thoughts together.

Thank you, Mr. Speaker, Sir. In response to what my learned friend has raised, the objection had nothing to do with the public participation as cited. We simply raised an objection that goes to the roots of the ability to enjoy proceedings that will appear fair to all parties. My objection was premised on the non-derogable right to a fair hearing. The Counsel has addressed you that the deponent o…

test, is shall we suffer prejudice? Shall our rights be deemed to have been held? That is a non-derogable right to a fair hearing. This is not a witness who was before the National Assembly. Where is a source of this information in the document that was submitted to this House by the Speaker of the National Assembly? Where does it sit? Who sits to suffer prejudice if the same is admitted? Is it a…

Hon. Senators, ladies and gentlemen, we will move to the opening statements. Each party will have half-an-hour to make their opening statement, starting with the Counsel for the National Assembly. Your time starts running from now.

Thank you, Mr. Speaker, Sir and distinguished Senators. My name is Elisha Ongoya. I stand here to make the Deputy President's opening statement. Allow me, Mr. Speaker, Sir, distinguished Senators, to open by reminding us some fundamental principles. We are sitting here today as a Senate to discharge a constitutional mandate. Before you are given the cudgels to start discharging any mandate in th…

you that at the end of this exercise, let our Constitution, our constitutional democracy and our constitutional order emerge stronger. Allow me to address this House on the defined standard for impeachment of the Deputy President. In a comparable decision by the Supreme Court of Kenya, the case of Hon. Mike Mbuvi Sonko versus the Clerk, County Assembly of Nairobi and others, the Supreme Court obs…

Mr. Speaker, Sir, and distinguished Senators, we submit that is where the Mover of this Motion ought to start having problems with this House, when he is called upon to account. It is the submission of His Excellency, Rigathi Gachagua that the Motion before you has fallen short of the threshold set by law by multiple miles. When you examine the material before you, you will discover that it will …

The Deputy President, when he received this Motion, wrote to the Secretary to the Cabinet, requesting to be supplied by any or all assignments given to him by the President and any that he has not delivered. To date, as we stand here, we have not received a response to that letter. Mr. Speaker, Sir, we shall be told, just believe the Mover of this Motion, the MP for Kibwezi West Constituency, tha…

It is 15 minutes.

Thank you so much, Mr. Speaker, Sir. The claim is that His Excellency publicly said that he would present a Petition for the removal of Justice Esther Maina from office, which he has not done to date. That is the complaint. The evidence before you is that there is a pending complaint by His Excellency the Deputy President before the Judicial Service Commission (JSC) . Therefore, the Mover of this…

Good people, Crystal Limited was not even a bidder for that tender. He pressurized people to award it to somebody who is not even a bidder for that tender. I observed it will move from the false through the ridiculous to the embarrassing. Those of us who understand this Motion for what it is understand why these panel beating manoeuvres are being tried here. The Motion as presented and approved b…

You will be told in Paragraph 45(h), that His Excellency has acquired a dairy farm in Nyandarua County. Now, I guess we all have a common understanding what a dairy farm is. His Excellency has no dairy farm in Nyandarua County. The Mover of this Motion does not give us any evidence of this dairy farm. You will be told that His Excellency has used the office of the Deputy President to corruptly in…

So, what wrong has Dorcas Rigathi Foundation done? What act are you complaining of that company? What omission are you complaining of in respect of that company? Heartland Supplies Limited; you just find a name of a company there. No wrongdoing is alluded to it; no allegation is made against it. They are just companies thrown there. Distinguished Senators, the Romans called their Assembly, which…

Counsel, that is the Deputy President; it is not the governor.

My apologies, Mr. Speaker, Sir. I have been here multiple times on governors and I think that is what was reigning in my mind. I rest the Deputy President's opening statement. My apologies for that.