The Senate witnessed a fierce showdown yesterday as Deputy President Rigathi Gachagua’s legal team mounted a strong defence against accusations that he had benefited from corruption and engaged in divisive politics favouring his Mt. Kenya home region. His accusers further alleged that he violated laws concerning national integration.
Siaya Senator James Orengo presented evidence alleging that Gachagua flew to London in February 2017 to obtain a Will from his critically ill brother, Nderitu Gachagua, who was hospitalized at the Royal Marsden Hospital. Leading the National Assembly’s legal team in the impeachment proceedings against Gachagua, Orengo shocked senators with the claim that the DP arrived in London on February 16, 2017, and immediately sought to influence his brother to execute a Will.
“On that trip, there was no indication that he consulted the doctors or caregivers attending to his brother. He obtained the Will the following day, February 17, and returned to Kenya. Seven days later, on February 24, his brother passed away,” Orengo said. In the Will, Gachagua was named the executor, indicating his vested interest in the matter, according to Orengo.
Orengo’s claims came as the Senate deliberated on whether to uphold or reject the National Assembly’s impeachment decision. Earlier, a three-judge High Court panel—Justices Eric Ogola, Anthony Mrima, and Freda Mugambi—dismissed Gachagua’s attempt to block the Senate from hearing the impeachment case, placing the DP’s fate in the hands of the senators.
Gachagua’s legal team attempted to disqualify Orengo from representing the National Assembly on the grounds that, as Siaya governor, he was a state officer. Senate Speaker Amason Kingi overruled them. The Speaker held that Orengo, as a senator, was not a state officer.
Besides Orengo, the National Assembly’s defence team included senior counsel Otiende Amolo, MPs Eric Gumbo and Muthomi Thiankolu, and others. On Gachagua’s side, his defence team was led by senior counsel Paul Muite, Elisha Ongoya, and Victor Swanya, among others.
Citing a Bible verse from the King James version warning against harming widows and orphans, Orengo tabled evidence to show how Gachagua used the Will to seize control of his late brother’s assets. Orengo claimed Gachagua’s sole purpose for visiting London was to secure the Will, as there was no indication of any other business or consultations with the doctors overseeing his brother’s care.
According to Orengo, after Nderitu’s death, Gachagua allegedly withdrew funds from various accounts, funnelling some into Wamunyoro Investments, a company associated with him. These funds, Orengo claimed, were later used to acquire Treetops Hotel and Outspan Hotel in Nyeri County for over Ksh 800 million.
