GACHAGUA IMPEACHMENT: DP Handed Trial Blow As Speaker Kingi Allows Damaging Evidence
Senate Speaker Amason Kingi has handed another blow to Deputy President Rigathi Gachagua in his bid to prevent the House from relying on new information presented against him.
Gachagua’s lawyers had tried to have an affidavit by a witness named Peterson Muchira erased as part of the documents.
The affidavit by Muchira concerns the purported sale of the Olive Gardens Hotel.
Gachagua stated that the hotel once belonged to his late brother, former Nyeri Governor Nderitu Gachagua, but that it has since been sold and the funds distributed to recipients, including himself.
The DP testified before the National Assembly on October 8 to defend himself against the allegations.
“The allegation that I own the Olive Garden Hotel is false,” Gachagua told MPs.
Affidavit by one Peterson Njoroge Muchira on Olive Garden Resort pic.twitter.com/ExkBCo8v31
— Madoka Kibet, HSC (@MKMadoka_) October 16, 2024
Muchira claimed that the DP’s statement contradicted the truth about the hotel’s ownership position.
Muchira stated that he is a stakeholder and director of TM Civil Engineering Limited, which is mentioned in the DP’s selling agreement.
He stated that Gachagua approached him on or about March 31, 2023, and persuaded him to purchase the Olive Garden Hotel.
“The Deputy President persuaded me to enter into an informal secret arrangement regarding the transaction embodied in the agreement annexed on pages 10 to 34 of his response to the motion,” Muchira said in his affidavit.
He went on: “In summary, the terms of the secret arrangement were that the Deputy President would buy the hotel from me by refunding the purchase price of Sh412 million [and then] instruct and pay a contractor to renovate the hotel after the completion of the transaction.”
This also includes replies from several government departments regarding the situation, all of which were presented on October 14.
In his ruling, Kingi noted that Rule 20 of part of the second schedule of the standing regulations states that the Assembly may not offer additional material that is not part of the allegations as forwarded.
However, both parties were invited to specify any additional evidence to be relied on in the matter.
“Having analysed the documentation submitted against the grounds for the proposed impeachment, I find that the documents objected to constitute evidence in support of the allegations already made in the impeachment motion,” he stated.
He further stated that when providing responses, all parties were instructed to include “any other evidence” to be relied on.
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He noted that the documents in question do not constitute fresh evidence, but rather reinforce an existing charge.
“That is why Rule 6 and 7 of the rules of procedure permits the senate to receive witness statements, list of witnesses to be invited by any and other evidence to buttress an allegation already made,” he pointed out.
He added, “What is not allowed is to introduce new allegations or to introduce new evidence that is extraneous to the allegations made in an impeachment motion.”
“It is my considered view that the affidavit and the document marked as volume 8A fall within the permissible rules of procedure. I therefore rule that objection is dismissed.”
GACHAGUA IMPEACHMENT: DP Handed Trial Blow As Speaker Kingi Allows Damaging Evidence
