Secretary to the Cabinet Mercy Wanjau (left), former acting Kemsa chief executive Andrew Mulwa, Nairobi Governor Johnson Sakaja and Deputy President Rigathi Gachagua.
Explosive affidavits and witness statements form part of a bundle of documentary evidence that the National Assembly is banking on to drive the last nail in the political coffin of besieged Deputy President Rigathi Gachagua.
The DP’s accusers are betting on evidence and witness statements from the Ethics and Anti-Corruption Commission Chief Executive Officer Twalib Mbarak and Mr Peterson Njomo Muchira as their trump cards in the all-out war to end the tenure of Mr Gachagua.
To buttress the two cards in the National Assembly’s sleeve are affidavits from Nairobi Governor Johnson Sakaja and Secretary to the Cabinet Mercy Wanjau.
Former Kenya Medical Supplies Authority Chief Executive Officer Andrew Mulwa is also lined up to provide evidence on Mr Gachagua’s alleged involvement in a multibillion-shilling procurement scandal.
In one of the affidavits by Mr Muchira, it is alleged that on or around March 31, 2023, DP Gachagua approached the witness to use him as a proxy in the purchase of a Sh412 million property identified as Olive Garden Hotel.
Identifying himself as a close associate of the second-in-command, Mr Muchira claimed that he entered into an informal arrangement to buy the property on behalf of Mr Gachagua.
Mr Muchira is among five witnesses lined up by the National Assembly to testify in the impeachment case.
In an affidavit sworn on October 11, the witness alleges that the arrangement provided that the former Mathira MP would buy the hotel alleged to be part of his late brother former Nyeri Governor Nderitu Gachagua’s estate, from him by refunding the purchase price of Sh412 million.
As part of the scheme, one Ms Julianne Jahenda was appointed by the witness as a signatory or agent for the hotel’s account at the Cooperative Bank of Kenya. Ms Jahenda was further designated to run the hotel.
“To protect the DP’s undisclosed interest in the hotel, I appointed and introduced Ms Julianne Jahenda, who is a close associate of the Deputy President, as a signatory and agent…,” reads the affidavit.
But during a press conference prior to the impeachment case before the National Assembly, the DP denied acquiring the hotel, saying it was sold to a third party in line with his brother’s Will.
He argued that the Will directed that the hotel be sold and proceeds distributed, saying he never owned the property.
Relying on part of the affidavit and other related witness statements in his opening statement, Senior Counsel James Orengo on Wednesday made more revelations on the same.
According to documents contained in Volume 4 of the evidence by the National Assembly, the Siaya governor narrated how the DP travelled to a London hospital where his sick brother Nderitu Gachagua was and made him sign a Will. The former governor died on February 24, 2017.
“On February 17, 2017, the DP travelled to a London hospital where his brother was admitted to the intensive care unit. He prevailed upon him to execute a Will,” said Mr Orengo.
“During that trip, there is no evidence that he tried to talk to doctors or physicians looking after his own brother. After the visit, he walked away and seven days later, he was already withdrawing money from his brother’s account,” he added.
Governor Orengo added that more witness statements, evidenced by bank statements from the account, showed how the amount was transferred on February 24, 2017 when Nderitu Gachagua died.
Mr Gachagua’s legal team led by Elisha Ongoya stood on a point of objection to the evidence.
“We owe the Deputy President very elementary decency. I want to know whether the counsel can adduce the evidence which is not contained in any evidentiary material in this Senate,” Mr Ongoya interjected.
However, the objection was objected by Senate Speaker Amason Kingi allowing Mr Orengo to continue with the explosive blow-by-blow account.
Mr Orengo added that documents presented as evidence will show that money used to buy properties in Nyeri for an amount exceeding Sh800 million did not come from the DP but part of it came from his late brother’s account.
“There is a letter by Mathenge and Njoroge Regeru, who were the joint will executors, complaining about the conduct of the DP as the executor of the will,” said the senior counsel.
“We are saying part of that money was not money coming from him and evidence will show that he was raiding money that truly belonged to the estates of his late brother to acquire properties. If that is not an offence by law as these were proceeds of crime to acquire properties, then I don’t know. This story you will find in the documentation and part of it is what Mr Njomo was saying,” he added.
Undermining the President
Mr Gachagua is accused of at least 11 charges including gross violation of the constitution, undermining the President, undermining devolution, irregular acquisition of wealth, intimidating former Kemsa boss, publicly attacking a judge, promoting ethnicity and insubordination to the President, among other charges.
It is on the ground of intimidating Mr Mulwa that the ex-Kemsa boss has sworn an affidavit alleging how the DP influenced the award of the Sh3.7 billion mosquito nets tender.
He claims that Mr Gachagua called him around July 11, 2023, and instructed him to hand over to his agent the original bid bond submitted by a company for the tender.
It is on the strength of this affidavit that the National Assembly wants the Senate to summon Mr Mbarak, or a competent officer from the Commission to provide information on the Sh3.7 billion nets saga.
Further, the National Assembly, in a letter through Clerk Samuel Njoroge to Senate Speaker Kingi, also wants the EACC to provide information about DP Gachagua’s declaration about the gifts he received while in office.
“Provide information on the declaration of conflict of interest made to EACC by Rigathi Gachagua, the Deputy President of the Republic of Kenya, during his tenure of office to date,” the letter reads.
Ms Wanjau accuses the DP of opposing a Cabinet-approved evacuation of residents living within 30 meters of the Nairobi River thus undermining government policy and collective Cabinet responsibility, an accusation the 59-year-old has denied, saying he is only opposed to inhumane evictions.
For his part, Governor Sakaja has sworn an affidavit on the shifting of Wakulima market traders to Outering Road, a decision that Gachagua resisted.
However, the DP denied interfering and inciting the traders against the governor and his administration.
