Hospitalised DP Gachagua request impeachment grilling be pushed to Tuesday next week
Deputy President Rigathi Gachagua has requested Senate Speaker Amason Kingi to grant him five additional days to take the witness stand during his impeachment trial after he was suddenly taken ill and hospitalised at Karen Hospital over intense “chest pains”, his lead lawyer, Senior Counsel Paul Muite has said.
Through his lead counsel, Paul Muite, the Deputy President emphasized the importance of being given a fair opportunity to defend himself, given the seriousness of the trial.
Following Muite’s report that Gachagua had fallen ill and was rushed to the hospital, he requested that Speaker Kingi postpone trial to Tuesday, October 22, 2024.
While making his report to the Senate plenary which had adjourned until 5pm, Muite indicated that “he was unable to see the Deputy President, as he is being attended to by a team of doctors.”
However, he was unable to visit Gachagua nor speak directly with him due to his condition, explaining, “I only found out that he is experiencing intense chest pains.”
“I would like to inform you that I have been able to contact the doctors who are looking after the DP at Karen Hospital, and I was told that he is currently suffering intense chest pains and needs complete rest.” Muite said.
The lawyers representing Gachagua in his ouster case had been given two hours to present the Deputy President’s defence when Senate Speaker Amason Kingi announced the suspension of the impeachment trial.
This decision came as a result of Gachagua’s failure to appear before the House, with reports indicating he had been hospitalised.
Gachagua’s lawyer, Paul Muite, urged the House to suspend the sitting until Tuesday, October 22, 2024 to allow the DP to recover.
“This house under the Constitution is obligated to accord the DP an opportunity to be heard. He has not chosen not to appear. I suggest that you give the DP, in the interest of justice, a couple of days.”
However, the National Assembly team led by lawyers James Orengo and Eric Gumbo countered, raising concerns about a lack of medical evidence and an opportunistic moment to derail the hearing.
“Up to this point in time, the DP together and his team, have had an opportunity to present their case and cross-examine all the witnesses we presented. If any prejudice were to be occasioned in hearing this matter, it would be on us because our expectation would be that the DP would avail himself of cross-examination,” Advocate Gumbo countered.
Orengo seconded saying that: “There is no evidence that the DP was evacuated in an ambulance. In the absence of medical evidence from a doctor, Gachagua’s illness may be opportunistic.”
He insisted that the House’s ability to cross-examine Gachagua was critical, especially given the constitutional framework governing the impeachment process.
