The Sheriff
JF-Expert Member
- Oct 10, 2019
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Bunge la Seneti linaendelea na mjadala unaohusisha tuhuma mbalimbali dhidi ya Naibu Rais Rigathi Gachagua ambapo kuna uwezekano wa kupiga kura leo Oktoba 17, 2024 ili kuridhia au kutoridhia kuondolewa kwenye nafasi yake ya Naibu Rais.
Soma: Yaliyojiri katika Kesi ya kumuondoa Madarakani Gachagua. Kesi kuendelea kusikilizwa kesho Oktoba 17, 2024 saa tatu asubuhi
Mchakato wa Wanasheria kubishana kwa hoja juu ya tuhuma zinazomkabili kiongozi huyo unaendelea asubuhi na itakapofika jioni Wajumbe wa Bunge wanatarajiwa kuwa na mjadala kuhusu kinachoendelea kwa muda wa saa mbili na endapo ratiba ikiruhusu wanaweza kupiga kura usiku kuamua hatma ya Gachagua.
Ikiwa theluthi mbili ya Wajumbe 67 wa Bunge hilo wakipiga kura ya kuridhia Gachagua kuondolewa madarakani, Rais William Ruto atakuwa katika nafasi ya kuteua Naibu Rais mpya
Rigathi Gachagua akiwasili Bungeni
YANAYOENDELEA KWENYE BUNGE LA SENETI
Senator Cherargei to Mwengi Mutuse: By the time you told us that the wealth of DP Gachagua was Ksh. 5.2B, which you allege was acquired in the last two years. Did you access the wealth declaration form from EACC?
Senator Lelegwe: You (Mutuse) asserted that you have identified several companies you have no issues with & to which you didn’t attribute any misconduct in their dealings. Could you inform us of the necessity of including them in this impeachment motion?
Senator Cheruiyot: Is there any crime that a Kenyan will have committed if they have 20, 30, and even 40 companies because you (Mutuse) have listed 22 companies? What is the crime of the sons of DP Gachagua being listed as the directors of Vipingo Beach?
Senator Cheruiyot to DP Gachagua’s legal team: You played a clip of the then DP Ruto, could it mean it’s an admission on your part that if it was done then by a sitting DP we should allow the current one to commit the same?
Senator Omtatah: I wanted to ask whether Mutuse knows the difference between an impeachment motion and a censure motion and if he does, where does he place his motion?
Senator Beth Syengo to Mutuse: In your presentation, you touched on the inheritance of the late Nderitu Gachagua. Have you reached out to the widow or children to give you facts?
To DP Gachagua's legal team: What was the purpose of playing a clip of the President speaking in Murang’a and how does it relate to the popular saying used by Kenyans, “kufa dereva, kufa makanga”?
Senator Chute: Ulileta mashtaka kumi na moja, vile umesimama hapo, unaona aibu ulileta porojo mingi kama wakili?
Senator Richard Onyonka: Between the time when the DP was an MP and the time when he became DP, were you able to see whether there was a deliberate variation in the amounts of money that he was handling?
Senator Tabitha Mutinda: DP Gachagua is the one on trial and not his two sons. You have linked Crystal Company to be a proxy for the DP through his two sons. Would you tell this house if you have evidence that shows money was wired from Crystal to any account or any company linked to the DP?
Mwengi Mutuse: I am not an investigator. What I am required to do is establish a prima facie case to establish that what is happening is outside the requirement of law. Most of the companies I listed were also complained in the impeachment motion of the late Nderitu Gachagu by the County Assembly of Nyeri
Mwengi Mutuse on Vipingo Beach: “Is it not suspicious that the DP's sons are the directors in his late brother's property and not the late's children? I invite you to see the web of secrecy and conspiracy. These are white-collar crimes done by intelligent people and sometimes it is hard to get evidence but in totality, it points to money laundering and corruption
Mwengi Mutuse on whether he asked for DP Gachagua’s wealth declaration: “I was not in an investigation journey, I was doing my role under the law to establish a prima facie case." -
Mwengi Mutuse: Whether we have had an opportunity to discuss with the children or widows of the late Nderitu Gachagua, please allow me not to comment on that because their request, as I said yesterday, is that we keep certain matters that come to our knowledge during this process in secrecy
Mwengi Mutuse: There’s no age limit to get a loan of Ksh. 700 million but how many children of that age in Kenya would have security to secure a loan of Ksh. 600 million? To secure a loan of that money, you have to place property ten times more in value than that, when did they acquire that property?
Lawyer Tom Macharia: The will (Nderitu Gachagua’s) does not disinherit the children or the widow or anybody else. It is merely because in the motion brought before you, there were properties listed in the motion that were part of the estate
Lawyer Tom Macharia: Our position was that the address in Murang’a was in fact in confirmation of the agreements. We are not saying kufa makanga kufa dereva. Okoeni makanga na muokue makanga. That is what we are asking you to do this morning
Advocate Elisha Ongoya: Tree Tops Hotel wasn't acquired by the company in question from KWS. It was an assignment of lease that was already assigned by KWS to a third party
Senator Olekina to Andrew Mulwa: You said you were afraid and felt pressured when the DP allegedly called you and asked you to surrender the bid bond. Can you please give us the chronological of the events?
Senator Esther Okenyuri to Andrew Mulwa: Confirm if the Deputy President indeed called you and what was the issue with the bid bond that you were to pick from EACC?
Andrew Mulwa – Former KEMSA CEO: In late April, the Global Fund informed Kenya's Global Fund management office of its decision to terminate the Ksh 3.7B mosquito net procurement, despite the tender already being awarded by KEMSA in February
Senator Boni Khalwale: I can attest that the number you (Andrew Mulwa) have put here, through which the DP pressured you, relates with me very well because in the days we used to talk with him, I used to use the same number. Your evidence is so critical that we would like you to walk us through that conversation between the DP and yourself during which time he was putting pressure on you
Abdi Mohamud – Deputy CEO, EACC: We did receive a letter from the then CS that there were certain irregularities in the procurement of insecticide nets by KEMSA and wanted us to conduct investigations. The findings were that there were serious procurement challenges that affected the insecticide net tender. The major one was a change of specifications to suit a company called Shobikaa Impex Limited that had a local agent by the name Crystal Kenya Limited that had the sole function of providing certain mosquito nets that had certain chemicals
Advocate Ndegwa Njiru: The mover of the motion is aggrieved by indicating that the Deputy President bullied and pressured him regarding the KEMSA tender
Abdi Mohamud – Deputy CEO, EACC: That is not part of my evidence
Have you received the register of gifts from the office of the Deputy President?
Abdi Mohamud: Not to my knowledge
Senator Chesang: I ask the DP's counsel to provide evidence that Gachagua's call to the KEMSA CEO regarding a bid bond still in process did not represent a conflict of interest
Also, does the DP know that he is a national leader and not a regional leader?
Senator Tom Ojienda: Does the Kenya Kwanza agreement violate inclusivity, diversity, and discrimination? Are there shares for Kisumu, Siaya, Migori, Homa Bay, Kitui, Mombasa, Vihiga, Mandera, Marsabit, Trans-Nzoia, West Pokot, Lamu, and Nairobi Counties?
Speaker Kingi: You're out of order. Unless you apologize, I'm going to throw you out and rule you out of order
Senator Seki: I have a right to speak
Speaker Kingi: You can't say the chair is bias
Other Senators: Just apologize...
Senator Seki: I apologize
Senator Karungo Thangwa to Abdi Mohamud: You received a letter from the Ministry of Health but replied 16 months later when the CS had already left office. Are you part of the conspiracy? Don’t answer me; answer your children
Senator Karen Nyamu to Abdi Mohamud: Dr. Mulwa implicated the Deputy President in a Ksh. 3.7 billion KEMSA deal scandal. Can you confirm these claims in your investigation?
Speaker Kingi: Senators, when you are given an opportunity to seek clarification or ask a question, it is not a moment to get a TikTok clip. This is a very serious matter. Let us not embarrass this House
Abdi Mohamud – Deputy CEO, EACC: We have not investigated any criminal case against the Deputy President
Lawyer Tom Macharia: Ruto and Raila have found a way to work; there is no such thing as an irretrievably broken political relationship. Feelings must take a back sit on matters of leadership and Constitutional duties to Kenyans
Counsel Paul Muite: The sad reality is that the DP has been taken ill and is currently in hospital. That is the sad reality
Senior Counsel James Orengo: You have made it quite clear that these proceedings are time bound. I request Senior Counsel Paul Muite to give us a away forward because we do not want anyone to say that the DP was not given an opportunity to be heard
Senior Counsel Paul Muite: My proposal is that you give me the rest of the day to have an assessment of the DP's situation and come back by 5pm after seeing him and speaking to the doctor
Speaker Amason Kingi: We will suspend this seating and resume at 5PM. We expect the DP to take the witness stand at 5PM. Unfortunately, this is a time bound process
Senate session suspended after DP Gachagua is taken ill: Read here for more on that
SENATE RESUMES, DISCUSSES GACHAGUA APPEARANCE ON TUESDAY
Senior Counsel Paul Muite: I have contacted the doctors who are attending to DP Gachagua and I was informed that he is currently suffering intense chest pains
Senior Counsel Paul Muite: 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
Snr. Counsel Orengo: 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
Adv Eric Gumbo: We are willing to take the painful decision to forgo the cross examination of the DP and only proceed with highlighting submissions in relation to the documents that we have filled in this house
Adv Eric Gumbo: 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 for cross examination
Snr. Counsel Muite: Medical report, I can bring. If I’ve told lies, that is something that can be established… Tuwe na utu kidogo. Tuesday, the heavens are not falling down to join with the earth
Speaker Amason Kingi: If by Tuesday your client is unable to attend Senate, what then?
Senior Counsel Paul Muite: I am an optimist and living in the belief that the DP will be here on Tuesday. One can only make a decision on whether this witness is believable or not when they see his demeaner in person. There is nothing to replace orality through examination
Speaker Amason Kingi directs the Senate to vote on whether to resume on Saturday for Gachagua impeachment trial
Speaker Amason Kingi: The request for adjournment is not made to the Speaker but to the Senate and is accordingly a matter for the Senate to determine. I direct the clerk of the Senate to circulate supplementary order paper incorporating a notice motion and a motion for adjournment sought'
Stewart Madzayo: Ni nafasi mzuri tuonyeshe ubinadamu kama Senate kwamba tumpatie nafasi DP Gachagua wakati wa kupata nafuu
Senior Counsel Paul Muite: Arising from the decision of the Senate, we as the legal team representing the DP are not able to continue appearing without instructions. We therefore take our leave
Otiende Amollo: Let it not be mistaken that the process of impeachment is a criminal trial. All you have to show is reason to believe, you do not have to demonstrate beyond reasonable doubt
Zamzam Mohamed: Makanga ameiba pesa ya abiria, dereva hana pesa ya kupelekea mwenye gari. Mimi nasema wamuache dereva apeleke abiria mpaka stesheni ya mwisho. Hatuna sisi uchungu na watu wa mlima. Huyu ni sumu na atavuruga Kenya.
Stewart Madzayo: Ni jambo la kusikitisha kuona kwamba mtu akifa badala ya mali yake kuenda kwa watoto wake, inaenda kwa ndugu yake na bibi yake na watoto wake
Senator Cherarkey: The mover did not give us a declaration form from EACC to show us the 5.2B unexplained wealth of the DP. The mover was on a fishing expedition
Senator Methu: We have been treated to a charade of allegations and accusations which in my opinion have not been substantiated
Enoch Wambua: You cannot punish the DP for undertaking the role of being an assistant to the President
Tom Ojienda: It is inconceivable that certain regions in this country do not form part of the so-called shareholders in this country.
Senator Methu: The only crime that Gachagua has committed is a political crime that has led to his removal, whether he’s in hospital or not. That can only happen if it has the direct sanctioning of President Ruto.
Okiya Omtatah: I stand here to defend the oath of office that I took to defend the Constitution of Kenya and that includes giving the devil his due. An impeachment is not a vote of no confidence
Karungo Thangwa: We are impeaching the DP on allegations of ‘at first sight.’ We don’t even love at first sight nowadays but we have made the process of impeaching the DP so easy than kicking out a nagging boyfriend or girlfriend
Senator Ali: Can I really call this DP my President in the case where the president ceases to exist
Karungo Thangwa: He who assesses the integrity of others must exemplify an even higher standard of integrity on himself
Senator Kajwang’: We have a man that has been brought before us for impeachment. If you are found guilty of political adultery, you must be stoned to political death
Karen Nyamu: To some extent we want to put some blame on the President because we are wondering what he looked at when he picked his running mate. In future, I want to call upon presidential candidates to make it a very critical attribute of their running mates to have political maturity
James Murango: Mashtaka iliyo mbele yetu leo ni dhahiri shahiri ya kwamba ni fisi anayetaka kula mwanawe. Itawezekanaje mtu ambaye ametia saini kumuondoa naibu wa rais ndiye anaongoza katika ushiriki wa umma? Mbuzi atapata haki wapi katika mahakama ya fisi?
Senator Ledama: The KSH. 200million which was returned to the DP out of coercion must go back to the public
Senator Faki: Mapinduzi yameanza kula watoto wa Kenya Kwanza wakianza na mtoto mkubwa kabisa ambaye ni Naibu wa Rais
Gloria Orwoba: The president and his DP did not come together so that they can live happily ever after and have children. In my condition, I have had to sit here and go through all 11 counts to understand which one has been substantiated. So no, this is not about a relationship
Senator Kavindu: I believe if we are impeaching a person, all accusations should be substantiated beyond reasonable doubt
Gloria Orwoba: It is very unfortunate that of the 11 counts, about 4 were not even substantiated. When you have a team of legal experts bringing 11 counts, at the very least, they should have even substantiated 9
Senator Asige: I have never met the DP and don’t think we have much in common though I think there is a lot to be desired in his leadership style
Senator Asige: The DP did not foresee this happening to him. He must be feeling angry and betrayed
Senator Asige: We must move away from the ideology of being dominated by one group, person or state. Make decisions today that will not betray you tomorrow
Joe Nyutu: You cannot condemn a sick person. Nobody chooses when to get sick and when to be in good health. We cannot afford to condemn a person when they are in hospital
Boni Khalwale: I have evidence that as soon as the DP’s brother died, the wife went to the cooperate branch of the cooperative branch and started crying there that the manager should stop the DP from operating the accounts
Deputy President Rigathi Gachagua impeached. 53 Senators vote in support of the first count of gross violation of Articles 10, 27, 73, 75, 129 of the Constitution
