Senate · Morning Sitting
Wednesday, 16 October 2024
The Senate session opened with an objection to senior advocate James Orengo representing the National Assembly, citing constitutional prohibitions on full‑time state officers acting as private counsel. The Speaker then proceeded to read multiple impeachment charges against Deputy President Rigathi Gachagua, accusing him of divisive ethnic rhetoric, constitutional breaches, and alleged corruption and money‑laundering through family‑linked companies. The debate was largely confrontational, focusing on procedural objections and serious allegations against the Deputy President. The Senate debated an objection to Senior Counsel James Orengo’s participation as counsel, examining whether his role constituted prohibited gainful employment or a conflict of interest under Article 77 of the Constitution and the Leadership and Integrity Act. Counsel Eric Gumbo argued that no evidence of remuneration or prejudice was presented and cited relevant case law to support dismissing the objection. The Speaker pressed for proof of any fee earned, underscoring the need for procedural clarity. The Senate convened a special sitting to hear the impeachment motion against Deputy President Rigathi Gachagua, following a National Assembly resolution. Legal teams for both the Assembly and the Deputy President were introduced, the public was admitted to the gallery under strict rules, and an objection was raised concerning the appearance of counsel for the Assembly. The proceedings were largely procedural but underscored significant political tension.
Clerk, do we have a quorum? Serjeant-at-Arms, kindly ring the quorum Bell for 10 minutes.
[(The Clerk-at-the-Table consulted with the Speaker)]
[(The Quorum Bell was rung)]
Hon. Senators, please take your seats. I am informed that we do have quorum now. We will now proceed with our session. Clerk, proceed to call the first Order. Sen. Thang’wa and Sen. Okiya Omtatah, kindly take your seats.
[(Sen. Thang’wa and Sen Okiya Omtatah stood in their places)]
[(Sen. Thang’wa and Sen Okiya Omtatah sat in their seats)]
(The House went into an in-camera session) (End of in-camera session)
[[The Speaker (Hon. Kingi) in the Chair]]
Hon. Senators, please, take your seats. We need to get ready for the next session. Clerk indicate that we have all the parties within the precincts of Parliament. If they are here, they should be ushered into the Chamber. Ring the bell for 10 minutes so that you settle the parties to get this hearing ongoing. Serjeant-at-Arms, ring the bell for 10 minutes. Hon. Senators, the ten minutes are over…
[(The bell was rung)]
[(The Clerk-at-the-Table consulted with the Speaker)]
[(Parties settled in the Chamber)]
Hon. Senators, ladies and gentlemen, having dispensed with the Pre-Hearing meeting of Senators, which was a closed session, it is now time to commence the proceedings on the Proposed Removal From Office, By
Impeachment, of His Excellency Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya. You will recall that by a letter, Ref. No.NA/DLP/TBO/MTS/2024/ (025), dated 8th October, 2024, the Speaker of the National Assembly informed the Speaker of the Senate that at a sitting of the National Assembly held on Tuesday, 8th October, 2024; pursuant to Article 145(2) as read with Article 150 …
[(Applause)]
Mr. Speaker, Sir, for the National Assembly, the legal representation is as follows: The Hon. James Orengo - Senior Counsel, leading the team. Mr. Paul Nyamodi - Legal Counsel Eric Gumbo - Legal Counsel Dr. Muthomi Thiankolu - Legal Counsel Mr. Moses Kipkogei - Legal Counsel Mr. Peter Wanyama - Legal Counsel Mr. Ken Meli - Legal Counsel. Mr. Mwangi Kang’u - Legal Counsel. Mr. Speaker, Sir, this t…
I similarly now invite the Counsel for His Excellency, Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya to introduce the legal team representing His Excellency the Deputy President by stating the full names and designation of each person. Counsel, you may proceed.
Mr. Speaker, Sir and hon. Senators, the legal team representing His Excellency the Deputy President of the Republic of Kenya who is present in this august House are as follows:
Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the National Assembly and its team, His Excellency Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya and his team, members of the public and the media to the Senate and to these proceedings. As you are aware, Article 118 of the Constitution mandates Parliament to conduct its business in an open manner; and …
“Visitors in the galleries shall remain seated, shall not applaud, comment audibly, make signs, eat, sleep, read books, newspapers, or other material, except the order paper for the day, or create any disturbance.” I request the members of the public to observe the aforesaid rules. Any member of the public who contravenes the Speaker's Rules will be invited to stern action against them, which inc…
Mr. Speaker, Sir, my name is Ndegwa Njiru. Perhaps before we proceed to the next session, my Senior Counsel, Paul Muite, raised an issue that we have an objection to, in terms of the appearances of legal Counsel appearing for the National Assembly. Mr. Speaker, Sir, our objection is in line with the conduct of this House and the records bear us witness. We will also be relying on an authority in …
and it is also in violation of clear provisions of the law as cited. In that respect, we invite you to uphold our objection before the charges are read out to our client. Mr. Speaker, Sir, in this ruling that I have just cited, the court was of the view that a person who is engaged in full-time engagement as a State officer cannot and is barred from representing a party in a private capacity. We …
Counsel for His Excellency, if you look at our programme, the preliminary objections were to be raised after His Excellency has taken plea. Therefore, we will allow the Clerk to read the charges. Before anything else, I will allow the Counsel for the National Assembly to respond, and, then thereafter, I will make my ruling. We will then take it from there.
I am most obliged, Mr. Speaker, Sir.
Clerk, just pause for a minute. Hon. Senator, just put your mobile phones on silent mode, please. Proceed, Clerk. The Clerk of the Senate : His Excellency Rigathi Gachagua’s utterances throughout the past two years, undermine the promotion of national unity in the context of Kenyan society's multi-ethnic demography and multi- cultural diversity. In addition, they have the potential to alienate, …
[(Mr. Jeremiah Nyegenye)]
[(Hon. Rigathi Gachagua, EGH)]
Clerk, just a minute. I realised what you are reading is fairly long. His Excellency, Deputy President of the Republic of Kenya, if you may so wish, you may sit and when taking the plea, you may stand. The Deputy President of the Republic of Kenya : No, Mr. Speaker, Sir. Let me stand.
[(Hon. Rigathi Gachagua, EGH)]
You may proceed, Clerk.
The Clerk of the Senate (Mr. Jeremiah Nyegenye): Consequently, His Excellency Rigathi Gachagua has grossly violated Articles 6 (2), 10 (2) (a), 174, 186 (1) and 189 (1) of the Constitution as read with the Fourth Schedule to the Constitution. Your Excellency Rigathi Gachagua, how do you plead to Ground 3; guilty or not guilty? The Deputy President of the Republic of Kenya (Hon. Rigathi Gachagua,…
the Office of the Deputy President that obligates the Deputy President to obey, preserve, protect and defend the Constitution and all other laws. Your Excellency Rigathi Gachagua, how do you plead to Ground 5; guilty or not guilty? The Deputy President of the Republic of Kenya (Hon. Rigathi Gachagua): Not guilty.
The value of the property and wealth that His Excellency Rigathi Gachagua has acquired over the last two years is incompatible with his known legitimate income i.e., Kshs12 million per annum or thereabouts. His Excellency Rigathi Gachagua has acquired the above mentioned property and wealth using his two sons, Kevin Rigathi Gachagua “Kevin Gachagua” and Keith Ikinu Rigathi “Keith Ikinu” and other…
Your Excellency, the Deputy President, you may take your seat. Counsel for the National Assembly, you may proceed to respond to the objection that has been raised by Counsel for the Deputy President.
Perhaps, Mr. Speaker, Sir, just before Counsel responds to my application for efficiency and expediency, permit me also to bring to your attention one more application in respect to the documents that were served upon the Deputy President. Mr. Speaker, Sir, by a letter that you referred to, sent from the Speaker of the National Assembly to the Speaker of the Senate, the Speaker of the National As…
Counsel for the Deputy President, take your seat first. You will have your moment.
[(The Clerk-At-The-Table consulted with the Speaker)]
Mr. Speaker, Sir, if I could take a few moments this afternoon to respond to the preliminary objection that has been raised. I have three quick issues in
response to that objection. One, the Constitution of Kenya at Article 77 is the primary law that then speaks to restrictions on activities of state officers. In particular, Article 77(1) reads- “A full-time state officer shall not participate in any other gainful employment”. Mr. Speaker, Sir, that Article introduces one critical variable, “gainful employment”. Gainful employment has been defined…
application, defined conflict of interest as a situation where one is confronted by two different interests, so that serving one interest would be against the other. Mr. Speaker, Sir, there has not been any conflict of interest that has been, even in the least, mentioned by the objector to the participation of Hon. James Orengo, SC. Finally, has there been an indication as to any prejudice that …
Thank you. Counsel, for His Excellency, the Deputy President, you may proceed.
Thank you, Mr. Speaker, Sir. In brief response to the submissions by my learned friend, there is no denial that has come from Counsel's defense that, Hon. James Orengo, SC, is here on pro bono basis. That evidence has not been brought. That claim has not been denied. He is, therefore, here as Counsel earning a fee. That is what Section 26---
Senior Counsel, do not go to that line of argument if the evidence of him acting pro bono has not been laid on the Table. Has the evidence of him earning been put on the table?
Mr. Speaker, Sir, the only presumption---
No, we are not going to presume facts. We are not.
Mr. Speaker, Sir, I am well guided, but may be noted and may go on record that the grounds laid by Section 26 (2) , have not been rebutted by the
submissions made by Counsel in as far as the gainful employment in these proceedings is concerned. Secondly, he is here as the Governor of Siaya County, not as a Senator. As such, the Petition No.3 of 2013 is distinguishable from the fact that he is here as a serving governor. That is what Section 26, subsection (2), speaks to. It is also equally the provisions of Article 77 of the Constitution. …
However, the rules guiding the proceedings in the impeachment of a governor or deputy governor provides that new evidence shall not be admitted. Mr. Speaker, Sir, further to that, permit me to bring to your attention the findings in the Civil Appeal No.21 of 2014, which was the case of Governor Wambora versus the County Assembly of Embu. In that case, Justice Odek (may the Lord rest his soul in …
Counsel for the National Assembly, you have one and a half minutes to respond. You may respond now or after the lunch break.
Mr. Speaker, Sir, I could respond shortly after the lunch break.
Under Rules, we have to rise at 1.15 p.m.
Permit me to respond after lunch break. Most obliged.
Hon. Members, I will deliver a ruling at 2.30 p.m. then allow the Counsel for the National Assembly to respond to the second limb of the objection. The Senate rose at 1.15 p.m.