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Senate votes to continue impeachment trial as Gachagua’s legal team walks out

Senate Speaker Amason Kingi has ruled in favour of postponing the impeachment hearing for Deputy President Rigathi Gachagua after his lead counsel, Senior Counsel Paul Muite, requested an adjournment due to the Deputy President's illness.
Senate Speaker Amason Kingi during the hearing of the impeachment trial of Deputy President Rigathi Gachagua
Senate Speaker Amason Kingi during the hearing of the impeachment trial of Deputy President Rigathi Gachagua

The Senate has voted to proceed with the impeachment trial of Deputy President Rigathi Gachagua, despite an earlier request for adjournment due to his illness.

This decision prompted Gachagua’s defence team, led by Senior Counsel Paul Muite, to walk out of the session.

Senators reject adjournment request

The Senate, in a vote held on Thursday, opted not to adjourn the trial to Saturday, October 19, 2024, as requested by Gachagua’s legal team.

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The defence had asked for the postponement to allow the Deputy President time to recover from his health condition, as he has been admitted to Karen Hospital with intense chest pains.

Gachagua's lawyer, Paul Muite, had earlier informed the Senate that the Deputy President was unable to participate in the trial due to medical advice, which required him to have complete bed rest.

READ: Lawyer Paul Muite reveals illness DP Gachagua is suffering

However, the majority of senators voted against the motion to delay proceedings.

Walkout by Gachagua’s legal team

Following the Senate’s decision to continue with the trial, Gachagua’s defence team, led by Muite, staged a walkout.

The Senior Counsel explained that his team was unable to continue representing Gachagua due to “a lack of instructions from our client.”

Muite further indicated that, given Gachagua’s current health condition, the legal team had not been able to communicate directly with him to receive further guidance on how to proceed.

Without these instructions, Muite maintained that they were unable to effectively defend the Deputy President in the impeachment process.

Constitutional deadline looms

According to the Constitution, the Senate is required to conclude impeachment proceedings within ten days of the trial's commencement.

In Gachagua’s case, this deadline will lapse on Saturday, October 19, 2024, putting the Senate under pressure to proceed swiftly.

The National Assembly, represented by Senior Counsels Eric Gumbo and James Orengo, had earlier opposed the adjournment request, urging the Senate to continue hearing the evidence.

READ: DCJ Mwilu - Next steps for Judiciary if DP Gachagua's impeachment is upheld

They argued that delaying the trial further could set a precedent that undermines the constitutional process.

“The Constitution clearly mandates that impeachment proceedings must be concluded within ten days. We cannot compromise this process,” Orengo argued before the Senate.

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