Senate Speaker Amason Kingi has yet again dealt a blow to Deputy President Rigathi Gachagua in his attempt to stop the House from relying on new evidence tabled against him.
Gachagua through his lawyers had sought to have an affidavit by a witness identified as Peterson Muchira expunged as part of the documents.
This also includes responses from various government agencies in relation to the matter, all presented on October 14.
In his ruling, Kingi observed that while Rule 20 of part of the second schedule of the standing orders provides that in presenting the Assembly shall not provide new evidence that is not part of the allegations as forwarded, an invitation was extended to both parties to among other specify any other 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 added, as a fact, that all parties had been instructed when sending responses to indicate “any other evidence” to be relied on. The documents in question, he stated, does not constitute new evidence but form evidence in support of an allegation which was already made.
“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.”
