File image of DP Rigathi Gachagua
Deputy President Rigathi Gachagua has suffered a new blow after the Speaker of the Senate Amason Kingi allowed the use of new evidence against the DP in his impeachment motion at the Senate.
DP Gachagua through his lawyers had sought to have an affidavit of a witness identified as Peterson Muchira stricken as part of the record.
While issuing the ruling, Speaker Kingi noted that although rule 20 of part of the Second Schedule of the Standing Orders provides that no new evidence which is not part of the allegations as submitted shall be adduced before the Assembly, both parties were invited to, among other things, specify any other evidence to be relied upon in the matter.
“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,” said Kingi.
He added, “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.”
At the same time, Speaker Kingi dismissed an objection by Deputy President Rigathi Gachagua’s legal team to prevent the Siaya governor and senior lawyer, James Orengo, from representing the National Assembly in the impeachment proceedings.
The Speaker pointed out that Gachagua’s team had failed to prove that Orengo was earning an income or personally benefiting from his involvement in the hearings.
“Having analyzed the preliminary objection raised in the appearance on the appearance of James Orengo for the National Assembly is hereby dismissed,” Kingi said.
Governor Orengo was chosen as the lead counsel for the National Assembly during the hearings at the Senate. However, Gachagua’s team objected to the representation arguing that the Senior Counsel was a state officer.
Senators are expected to vote on each of the 11 charges Gachagua faces on Thursday, September 16, 2024.
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