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Thursday, October 17, 2024

Why we walked out of ouster trial

Lawyers representing Deputy President Rigathi Gachagua in his impeachment case have said they had no reason to continue with the case without the presence of their client.

The lawyers walked out as the trial proceeded after the Senate resolved to continue with the impeachment trial despite the absence of Gachagua, who has been taken ill.

Some senators allied to the DP also walked out with the lawyers. “We shall be perpetuating an illegality if we were to sit in parliament without instructions from our client,” said lawyer Ndegwa Njiru, who was addressing the media outside Parliament Buildings.

Senators voted down the request from Gachagua’s legal team, which sought more time due to the DP’s sudden illness. Speaker Amason Kingi directed that a motion for an extension to Saturday, October 19, would be the last possible date allowed by law.

However, the majority of Senators rejected the proposal, insisting the impeachment trial proceed immediately.

“It’s unfortunate that the majority voted against the motion. It’s only fair that the privacy of the DP be respected,” said lawyer Victor Swanya.

Kiambu senator Karungo Thangwa questioned the rush to proceed with the trial.

“What is the rush with the Senate? Why do you want to conclude this issue today with the absence of the DP who is the accused? Those who have been given the closing remarks are MPs; they have taken over the Senate. It is a sad day for this country,” he stated.

Gachagua’s lead counsel, Senior Counsel Paul Muite, had pleaded with the Senate to postpone the hearings to Tuesday next week, citing Gachagua’s hospitalisation due to severe chest pains.

Muite emphasised the constitutional requirement for the Senate to give the DP a chance to be heard, arguing that Gachagua’s absence was due to medical reasons beyond his control.

He further pointed to Senate standing orders, which require the accused to have the opportunity to be heard unless they choose not to appear.

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