Deputy President Rigathi Gachagua has suffered two setbacks at the Senate after the Speaker dismissed two objections raised by his legal team.
His counsel Wednesday morning had objected to the appearance of Senior Counsel James Orengo for the National Assembly during the impeachment trial on account of a conflict of interest.
The team had argued that representation by Orengo who is the Siaya governor is against the constitution which bars full-time state officers from engaging in any gainful employment.
“DP Gachagua’s defence team has been unable to adduce evidence to prove the allegation of gainful employment” he ruled.
The DP through his lawyers had protested the introduction of new evidence in the allegation on the sale of Olive Olive Garden Hotel.
The Speaker ruled that Mr Njomo Muchira’s affidavit is admissible as it only introduces a witness to back up the already tabled evidence.
Witnesses
National Assembly Counsel Eric Gumbo also made a preliminary application that the Chief Executive Officer of the Ethics and Anti-Corruption Commission (EACC) be summoned to testify, a matter that was vehemently opposed by the DP counsel.
“There has been no explanation why EACC was never asked to investigate the allegations before they were tabled before the National Assembly and before a decision was taken because the National Assembly cannot investigate criminal offences” lawyer Paul Muite argued.
“In fact in implementing chapter 6 of the Constitution, the act Parliament said a conviction is necessary and now you want to reverse the will of the Kenyan people in electing the DP without him being convicted. I plead with you Speaker to reconsider your exercise of that discretion….. in order for the DP to have a fair trial” Muite pleaded.
His argument was however overruled.
