Lawyers set to face each other on Gachagua’s impeachment trial at senate

Kenya’s top legal experts will face off in the Senate on Wednesday during the impeachment trial of Deputy President Rigathi Gachagua, who faces charges of abuse of office and insubordination.

Siaya Governor and Senior Counsel James Orengo is leading the team advocating for Gachagua’s removal.

On the opposing side, Senior Counsel Paul Muite is heading the defense team, aiming for the Deputy President’s acquittal. The trial is expected to be a fierce legal and political showdown.

Orengo’s legal team, consisting of 14 lawyers from G&A Advocates LLP, will argue the case in the Senate starting Wednesday morning.

Gachagua, who has clashed with President William Ruto, is facing 11 charges, including gross violation of the Constitution, gross misconduct, and abuse of office.

Last week, 282 Members of Parliament voted in favor of Gachagua’s impeachment, paving the way for the Senate trial.

Orengo, a seasoned lawyer, previously led opposition leader Raila Odinga’s team in the landmark 2017 Supreme Court case that nullified President Uhuru Kenyatta’s re-election.He is also well-acquainted with the Senate, having served two terms as a senator.

Orengo’s team

The legal team working with Orengo includes

  • Paul Nyamodi,
  • Eric Gumbo,
  • Moses Kipkemoi,
  • Muthomi Thiankolu,
  • Peter Wanyama,
  • Kenny Kipkoech,
  • Joan Cheruto.
  • Erick Mwingi,
  • Bonface Mawira,
  • Kevine Otieno,
  • Alex Mboya,
  • Kennedy Kyalo,
  • John Mwangi.

Orengo will go head-to-head with Muite, who is leading a comparable team of advocates in defense of Gachagua.

Mwite’s team

The advocates representing Gachagua include

  • Elisha Ongoya,
  • Tom Macharia,
  • Victor Swanya,
  • Ndegwa Njiru,
  • John Njomo,
  • Faith Waigwa,
  • Amos Kisilu,
  • George Wandati,
  • George Sakimpa.
  • Andrew Muge,
  • Eric Naibei,
  • Julia Omwamba,
  • Willis Echesa.

Their goal is to dismantle the case presented by the National Assembly, and they will cross-examine the assembly’s witnesses during the trial.

They are st to also argue that that the public participation was inadequate having been allocated only 2 days.

Gachagua faces a series of serious allegations, including money laundering, undermining the President and Cabinet, promoting ethnic division, and consistently bullying state and public officers.

The charges claim there is “serious reason to believe” that the Deputy President has committed significant economic crimes under Sections 45(1), 46, 47A(3), and 48(1) of the Anti-Corruption and Economic Crimes Act, as well as Sections 2, 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act.

Additionally, the one-term MP is accused of gross misconduct for repeatedly bullying state and public officials and for openly defying the President in public.

According to Senate Speaker Amason Kingi, “The DP is accused of gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President.”

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