Gachagua’s Lawyers Rage as EACC Chief Mbarak Set to Testify Against DP
Deputy President Rigathi Gachagua’s legal team has voiced strong opposition to Senate Speaker Amason Kingi’s decision, which permits Ethics and Anti-Corruption (EACC) CEO Twalib Mbarak to testify against Gachagua.
Leading the defense, Senior Counsel Paul Muite argued that allowing this testimony would unfairly bias the trial against the deputy president. He emphasized that the decision contradicts Article 25 of the Constitution, which ensures the right to a fair trial.
The defense also criticized the failure of both the EACC and the Directorate of Criminal Investigations (DCI) to investigate the criminal accusations made against Gachagua before the trial’s commencement.
In particular, the legal team questioned why neither the Anti-graft Commission nor DCI officers were permitted to investigate allegations of money laundering, despite these claims being presented in the Senate’s motion.
Citing Article 50 of the Constitution, Muite highlighted the importance of ensuring a fair trial and urged lawmakers to respect the rule of law. He requested that the Senate reconsider its decision, ensuring the Deputy President is granted an impartial hearing.
Muite further argued that while Senate rules should be upheld, the Constitution must also be respected. He questioned why the EACC had not been instructed to investigate the charges before being presented to the National Assembly, emphasizing that the Assembly lacks the authority to investigate criminal matters.
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These remarks followed Senate Speaker Amason Kingi’s approval of the National Assembly’s request to summon EACC CEO Twalib Mbarak to provide testimony during the trial.
In response to Muite, the National Assembly defended its move, stating that summoning the EACC chief was in line with Rule 10 of the Senate’s procedural rules, which govern impeachment trials. Rule 10 allows for witnesses to be summoned upon request by the person facing trial.
On Wednesday, the Senate began deliberating Deputy President Gachagua’s impeachment, shortly after the High Court in Nairobi confirmed the constitutionality of the proceedings.
During his appearance before the Senate, Gachagua denied all eleven charges. His legal team had earlier sought to prevent Senior Counsel James Orengo from representing the National Assembly, arguing that Orengo’s position as Governor of Siaya County prohibited him from other employment, citing Article 77 of the Constitution.
However, Speaker Kingi dismissed this objection, stating that Gachagua’s team failed to provide evidence that Orengo was engaged in paid employment by participating in the Senate trial.
Gachagua’s Lawyers Rage as EACC Chief Mbarak Set to Testify Against DP
