'Hostile witness': DP Gachagua’s lawyers tear into MP Mutuse impeachment claims

After a day of submissions from various parties, tensions escalated when DP Gachagua's legal team took the floor to cross-examine Kibwezi West MP Mwengi Mutuse, the mover of the impeachment motion.

Advocate Elisha Ongoya challenged Mutuse to substantiate the claims in his motion, alleging that the DP had amassed a Ksh.5.2 billion fortune since taking office as the country’s second-in-command.

Ongoya expressed disbelief at the figure, listed as one of the 11 grounds for Gachagua’s impeachment, and pressed Mutuse for clarifications.

He demanded that the MP, who is also a lawyer, explain how he and his team arrived at the Ksh.5.2 billion valuation.

Mutuse stumbled over his words and, despite multiple attempts to evade the question, eventually admitted that the figure was derived by estimating current land values and adding the worth of properties linked to Gachagua.

At one point, Gachagua’s legal team labeled Mutuse a “hostile witness” and questioned whether he was a property valuer or merely a lawyer.

Adv. Ongoya: "Who gave you this value of Ksh.5.2 billion?"
MP Mutuse: "We said it is estimated at Ksh.5.3 billion."
Adv. Ongoya: "Who gave you that estimated value of Ksh.5.2 billion?"
MP Mutuse: "We have made the additions. It is a matter of additions."
Adv. Ongoya: "So you are saying that when we take you through these properties, we will get a value of about Ksh.5.2 billion?"
MP Mutuse: "Approximately, yes."
Adv. Ongoya: "You said you made the additions, and those additions resulted in a definite figure, Mr. Mutuse. Are you saying that adding the values will give us Ksh.5.2 billion?"
MP Mutuse: "There is the stated value in the sale agreements and acquisition documents… I will also tell you what, in my view, the properties are worth."
Adv. Ongoya: "What in your view are the values of some of the properties? Have you now graduated from lawyer to valuer?"
Adv. Ongoya: "Using what expertise did you assign those values?"
MP Mutuse: "Market value. I know you know that in Kitale, an acre goes for Ksh.4 million, and in Kilifi, it goes for Ksh.2 million. That’s the reasonable man’s test."

Mutuse also struggled to support his claim that Gachagua owned the Vipingo Beach Resort, a prime property central to the impeachment case.

The advocate pointed out that according to documents submitted by Mutuse, Vipingo Beach Resort is owned by the estate of Gachagua's late brother, Nderitu Gachagua.

Adv. Ongoya: "It may be getting hotter, but look at the document, compose yourself, and read. What is the total number of shares in Vipingo Beach Company?"
MP Mutuse: "10,000."
Adv. Ongoya: "Who is indicated as the owner of all those 10,000 shares?"
MP Mutuse: "The late James Nderitu Gachagua."
Adv. Ongoya: "When the DP says this company is wholly owned by his late brother, is he speaking the truth or not?"
MP Mutuse: "Yes."

Mutuse was also under pressure to provide evidence that Gachagua used proxies to participate in a Ksh.3.7 billion mosquito net tender, which was allegedly marred by corruption.

The impeachment motion accuses Gachagua of pressuring KEMSA officials to award the tender to Crystal Ltd, a company that allegedly submitted a fake bid bond with the intent to fraudulently secure the contract.

Another contentious claim involved Gachagua’s controversial statement comparing the country to a company with shareholders. Ongoya cornered Mutuse by asking him to read clauses from the Kenya Kwanza coalition agreement, which explicitly outlines the shares awarded to constituent parties within President Ruto's administration.

Among the grounds for impeachment is the allegation that Gachagua rapidly accumulated Ksh.5.2 billion in wealth within two years—an amount Mutuse argued was impossible for a public servant to legally amass in that timeframe.

The listed properties include Outspan Hotel in the Aberdares, acquired in September 2023 for Ksh.535 million, one year after Gachagua assumed office. Other properties cited are Olive Gardens Hotel and Queens Gate Serviced Apartments in Nairobi, Vipingo Beach Resort in Kilifi, and Treetops Hotel in Nyeri.

Mutuse also accused Gachagua of purchasing 40 acres of land in Kamburaini, Nyeri, where he allegedly built a helicopter landing facility, as well as 80 acres in Meru and a dairy farm in Nyandarua. Additionally, the motion claims Gachagua bought land in Embakasi, Nairobi, through proxy companies.

The DP is further accused of diverting a contractor working on the Kilifi-Malindi road to instead tarmac a private road leading to Vipingo Beach Resort.

Mutuse contends that taxpayers lost millions of shillings through extravagant renovations of the DP's official residences in Karen and Mombasa, with the expenses running into millions. He also alleges that Ksh.100 million was spent on a red carpet for the DP’s functions and other events.