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Thursday, October 17, 2024 –Following revelations that Deputy President Rigathi Gachagua had been taken ill amid his final impeachment today, Lawyer James Orengo asked the speaker to adhere to the Constitution.
This is after the senate found itself between a rock and hard place with Orengo who was supposed to cross examine the accused being hesitant to advise the Speaker what to do next.
Speaker Amason Kingi who was presiding over the exercise sought counsel from the plenary before Orengo told him to consider the Constitution so that they are not caught off guard.
”I have heard what Senior Counsel Paul Muite has said, and Mr. Speaker, you have made it quite clear that these proceedings are time-barred. It is not so much about the situation in which the Deputy President finds himself, it is about the Senate complying with the provisions of the Constitution that within that timeframe you must make a decision,” Orengo implored.
Kingi would be forced to suspend the impeachment trial for a few more hours but asked the accused lawyers to be present with their client at 5PM.
The speaker, before eventually ruling on adjourning the proceedings until 5PM, gave Gachagua’s legal team some time to locate their client.
“Rule 11 overrules the procedure where the DP fails to appear, the Senate can actually proceed or for exceptional reasons,”
“Having considered the two sides, my directions are as follows that we will suspend this sitting and resume exactly 5:00 pm. So we expect the DP then to take the witness stand at 5:00 pm. This is a time-barred process, unfortunately. It is so ordered,” directed Kingi.
Minutes later, Lawyer Muite told the plenary that the Deputy President had been hospitalised after falling ‘very sick.’ The hospital he was taken to, however, remained a mystery with some section reporting that he was at Nairobi Hospital.
”The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick, and as I address Mr Speaker and this House, he is in the hospital.” Muite revealed.
The Speaker was compelled to grant lawmakers time for consultation while also engaging with the legal counsels representing both the National Assembly and Gachagua to determine the next course of action.
After the consultations, Kingi observed that the house needed to hear and conclude the matter, in accordance with the communication outlined in the Order Paper.
