Gachagua's legal team walks out after Senate declines to postpone impeachment hearing

Deputy President Rigathi Gachagua's impeachment hearing on Thursday turned dramatic after the Senate ruled to continue with the process despite the country’s second-in-command being declared ill.

In an unexpected turn of events, lawyers representing DP Gachagua walked out of the House moments after Senators rejected a motion that sought to push the impeachment hearings to Saturday.

"Arising from the decision of the Senate, we as the legal team representing the Deputy President are not able to continue appearing without instructions. We therefore take our leave," said Senior Counsel Paul Muite, representing Gachagua.

Senate Majority Leader Aaaron Cheruiyot had moved a motion of adjournment of the trial to Saturday to allow Gachagua time to recover and avail himself before the House and present his defence against the impeachment grounds.

The motion was seconded by Minority Leader Stewart Madzayo, but during the voting by acclamation, the House overwhelmingly rejected the proposed adjournment, forcing the Speaker to allow the hearings to continue.

"Today at midnight, marks the end of the hearing of the Senate impeachment matter. As this process is time-bound by the Constitution to be concluded in not more than 10 days pursuant to Article 145 as read with Article 150, and noting that the period provided for ends on Saturday, October 19, 2024, the only window open to the Senate if so obliged the request for adjournment sought by the Counsel for the Deputy President would be to gazette Saturday, October 19, 2024 as a further and final day for hearing of this matter," Speaker Kingi said.

"Such a request is not made to the Speaker but to the Senate and is accordingly a matter of the Senate to determine. To facilitate this decision, I direct the Clerk of the Senate to circulate a supplementary order paper in cooperation with a notice of motion and a motion for adjournment sought. This being a procedural matter, the motion if carried would result in the Speaker gazetting Saturday as a sitting day to conclude the hearing and determination of the matter.”

He added: "If the motion is not carried, the decision of the Senate will be this hearing continues to a conclusion in the manner provided under rule 12. In such event, the hearing would continue with the parties moving to make their closing statement."

The motion was tabled after the legal team representing DP Gachagua sought five more days to commence the hearing on Tuesday next week.

This after DP Gachagua was reportedly taken ill after suffering intense chest pains and being rushed to the Karen Hospital for treatment.