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Rigathi Gachagua
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It’s a make-or-break week for DP Rigathi Gachagua in big fight at Senate

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Deputy President Rigathi Gachagua at St. Mark's Teachers Training College, Kigari, Embu Province. The ACK Diocese of Embu celebrated its 34th anniversary on October 13, 2024.

Photo credit: DPCS

Deputy President Rigathi Gachagua is banking on the Judiciary for political survival as he faces a make-or-break week with his impeachment trial beginning on Wednesday before the Senate.

The DP, who has remained defiant despite the political wave facing him, expressed confidence that ‘the will of the people cannot be overturned by a few representatives”.

Speaking on Sunday in public for the first time after the National Assembly voted to impeach him on Tuesday last week, the former Mathira MP said he has confidence that the courts would dispense justice fairly.

The DP asked Parliament to respect people’s choices, saying, he was elected on the same ticket as President William Ruto and they were joined at the hip.

Lauding the Judiciary’s independence and efficiency, the 59-year-old said the courts will uphold the will of the people, adding that “a good country respects the rule of law”.

“I am a believer in the independence of the Judiciary. I am certain that the courts will exercise judicial authority and protect and uphold the Constitution and the will of the people,” said Mr Gachagua.

“Our Judiciary is efficient. They (judicial officers) protect the Constitution, rule of law and always ensure the will of the people is respected. I have confidence that the rule of law will prevail and the will of people will be upheld,” he added.

He was speaking during a service at the Anglican Church of Kenya (ACK) Embu Diocese’s 34th anniversary celebrations, an event that President Ruto skipped.

While commending 44 MPs who voted against the impeachment motion, the DP encouraged leaders to listen to the people.

He appealed to Kenyans to pray for him and the country over the heightened political tensions after MPs voted to impeach him.

Remain calm

The DP, who was accompanied by his wife, Dorcas, also called on Kenyans to remain calm and peaceful irrespective of the outcome of his trial in the Senate.

Host MP Gitonga Mukunji, Embu Woman Representative Pamela Njoki Njeru alias Double N, Onesmus Ngogoyo (Kajiado North), James Gakuya (Embakasi North), George Koimburi (Juja), Kirinyaga Senator Kamau Murango, former Laikipia Woman Representative Cate Waruguru and MCAs attended the event.

“I thank your MPs Gitonga Mukunji and Pamela Njoki for listening to the people and voting against the impeachment motion. Let the will of the people be respected. I have faith that God’s will shall be done. People can plot against you but the plan of God shall prevail. Pray for me,” said the DP.

“Irrespective of what happens, I appeal for peace in Mt Kenya region and the country at large. We only have one country, let’s keep peace,” he added.

The DP’s impeachment trial at the Senate has been scheduled for Wednesday and Thursday this week as his political fate hangs in the balance.

On Wednesday, Kibwezi West MP Mwengi Mutuse, the sponsor of the impeachment motion, and the National Assembly that voted to oust Mr Gachagua last week, will lay bare their case against the Deputy President starting from noon.

The National Assembly will present its evidence and witnesses until 4.30 pm, before paving the way for cross-examine and re-examine by the DP’s lawyers for two hours up to 6.30pm. Thereafter, senators will have an hour to ask questions and seek clarifications before the first day ends.

Mr Mutuse and the National Assembly have lined up Nairobi Governor Johnson Sakaja, Secretary to the Cabinet Mercy Wanjau and former acting Kenya Medical Supplies Authority Chief Executive Officer Andrew Mulwa as their key witnesses.

The DP will be represented by a battery of 20 lawyers led by Senior Counsel Paul Muite. Others are Victor Swanya, George Wandati, Faith Waigwa, Elisha Ongoya, Ndegwa Njiru, George Sakimpa, Murigi Kamande, Amos Kisilu, Tom Macharia and Julia Omwamba.

On the other hand, the National Assembly also has an equally strong defence team led by Senior Counsel Paul Nyamodi. He will be supported by Eric Gumbo, Kipkogei Moses Kipkemboi, Muthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, Joan Jeruto, Muriuki Eric Mwirigi, Mwereru Boniface Mawira, and Ondago Kevine Otieno.

On Thursday morning, the Deputy President will take to the stand to counter the charges against him. In the session that will begin at 9am, Mr Gachagua will present evidence, affidavits and witnesses until 1pm.

Mr Gachagua is faced with 11 charges including opposing the Cabinet-approved evacuation of residents living within 30 meters of the Nairobi River thus undermining government policy and collective Cabinet responsibility.

He is also accused of interfering with Nairobi County government’s plan to relocate Wakulima market traders to Outering Road.

It will be the turn of the DP on Thursday morning, to take to the stand to counter all the charges fronted against him.

In the submissions that will begin at 9 am, Mr Gachagua will present evidence, affidavits and witnesses until 1pm.

In his submission to the National Assembly last week, the DP played several video clips to back-up his defense against the charges.

The former Mathira MP is said to be planning to present several witnesses but his lawyers remained tight-lipped on their number and identity.

One hour will be dedicated to cross-examination and re-examination of the witnesses up to 3.30pm before senators are given an hour to ask questions or request for clarifications.

The next two hours will be dedicated to closing statements by the two parties before the floor is opened for debate beginning 6.30pm.

The debate, expected to be stormy and characterised by vicious exchanges, will go on up to 8.30pm culminating into the voting session.

Mr Gachagua will be deemed removed from office should at least 45 out of the 67 Senators vote to uphold any of the 11 charges levelled against him.

Since his troubles intensified, the DP has found solace in the Mt Kenya east region where he has attended three church services in Meru and Embu since September 1.

Mr Gachagua’s choice of Embu for his Sunday service after his impeachment by parliament can be viewed as an appreciation to three Embu MPs who voted in his favour.

Out of the 20 legislators from Embu, Tharaka Nithi and Meru counties, only three legislators Mr Mukunji, Eric Karemba (Runjenjes) and Ms Njoki went against the wave.

Reporting by Collins Omulo, George Munene and David Muchui