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PARLIAMENT OF KENYA

(Convened via Kenya Gazette Notice No.13178 of 9th October, 2024 The House met at the Senate Chamber, Parliament Buildings, at 9:00 a.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

COMMUNICATION FROM THE CHAIR

THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF H. E. RIGATHI GACHAGUA, EGH, DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA

Hon. Senators, I have a Communication to make relating to the business of the Senate as scheduled for consideration during this very solemn Sitting.

You will recall that at the sitting of the Senate held on Wednesday, 9th October, 2024, I appointed today, Wednesday, 16th October, 2024 and tomorrow, Thursday, 17th October, 2024 as the days when the Senate will hear the charges and investigate the proposed removal from office by impeachment, of His Excellency Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya.

Hon. Senators, you will also recall that at a sitting of the Senate held on Wednesday, 9th October, 2024, a Procedural Motion for the alteration of the sitting time of the Senate for Wednesday, 16th and Thursday, 17th October, 2024 was moved and approved to facilitate the Impeachment hearing of the Deputy President of the Republic of Kenya.

Subsequently, vide a Gazette Notice No.13178, I notify the general public that pursuant to Article 145(3) of the Constitution and Standing Order No.78(1) of the Senate, the Senate resolved to investigate the Proposed Removal from Office by Impeachment of His Excellency, Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya, in Plenary.

Hon. Senators, regarding the hearing and determination on the Proposed Removal from Office, by Impeachment, of the Deputy President of the Republic of Kenya, a programme has been prepared and appended to today's Order Paper.

As is the tradition and in line with the schedule of activities for an impeachment hearing in Plenary, the Senate will hold a closed-door preparatory session to deliberate on the management of the investigation. The objective of the preparatory session is to ensure that the process is conducted seamlessly, concluded timeously, and in line with the requirements set out under the Constitution and the Senate Standing Orders.

Hon. Senators, during the pre-hearing, the parties if present, all members of the public and the media will be expected to withdraw from the Chamber and the galleries, and any form of broadcasting from the Chamber shall cease forthwith.

In accordance with the programme for the impeachment hearing, the open session will commence at exactly 10.00 a.m. Consequently, I now direct all members of the public and the media to withdraw from the Chamber and the galleries, and any form of broadcast from the Chamber to cease forthwith. Kindly be guided accordingly.

I thank you.

HEARING AND DETERMINATION OF THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF H. E. RIGATHI GACHAGUA, EGH, THE DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA RECITAL OF THE MANDATE OF THE SENATE, RULES OF PROCEDURE AND HEARING PROGRAMME

1. Copy of the Notice of Special Motion and Affidavit of the Hon. Eckomas Mwengi Mutuse, OGW, MP dated 26th September, 2024 and received on 27th September 2024 running from page 40 to 42. (ii) Electronic evidence relating to the Special Motion contained in a flash disk. (iii) Order Papers for 1st October, 2024. (iv) Communication from the Chair No.046 of 2024 issued on Tuesday, 1st October 2024.
2. Communication from the Chair No.047 of 2024 issued on Tuesday, 1st October 2024. (vi) Certified HANSARD and Votes and Proceedings for 1st October, 2024. (vii) Communication from the Chair No.048 of 2024 issued on 2nd October, 2024. (viii) Letters of Appointment of Advocates-
3. Swanya & Company Advocates for His Excellency the Deputy President.
4. Danstan Omari Advocates
5. Affidavit of Service on H.E. the Deputy President.
6. Daily Nation newspaper.
7. The Standard newspaper.
8. The Star newspaper.
9. Daily Nation newspaper.
10. The Standard newspaper.
11. The Star newspaper.
12. Taifa Leo.
13. Daily Nation newspaper.
14. The Standard newspaper.
15. The Star newspaper.

1. (xix) Press Statement by the Clerk of the National Assembly on Extension of for Morani Manufacturers Limited.

(xx) Public participation advertisements of 5th October, 2024, being-

1. Saturday Nation newspaper.
2. The Standard newspaper. (xxi) Public Participation Report tabled on 8th October, 2024. (xxii) Response to the Notice of Special Motion from His Excellency the Deputy President received on 8th October, 2024 at 4.00pm. (xxiii) Electronic evidence by H. E. the Deputy President relating to the Special Motion contained in a flash disk. (xxiv) Order Paper for Tuesday, 8th October, 2024. (xxv) Communication from the Chair No. 049 of 2024 issued on Tuesday, 8th October, 2024. (xxvi) Certified HANSARD and Votes and Proceedings for 8th October, 2024. Hon. Senators, pursuant to Article 145(3)(a) of the Constitution and Standing Order No.78(1) of the Senate, at the sitting of the Senate held on Wednesday, 9th October, 2024, the charges against His Excellency the Deputy President, as contained in the Motion of Impeachment by the National Assembly, were read to the assembled Senate. Hon. Senators, ladies and gentlemen, at this juncture, allow me to remind you of the mandate of the Senate in relation to the proposed removal from office by impeachment, of the Deputy President as provided for under Articles 150 and 145 of the Constitution, as read together with Standing Order No.78 of the Senate. In particular, Article 150 of the Constitution states as follows-
3. The Deputy President may be removed from office- a) on the ground of physical or mental incapacity to perform the functions of the office; or b) on impeachment- i) on the ground of a gross violation of a provision of this Constitution or any other law; ii) where there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or iii) for gross misconduct.

1. The provisions of Articles 144 and 145 relating to the removal of the President shall apply, with the necessary modifications, to the removal of the Deputy President. Article 145 of the Constitution, Standing Order 78 and Part I of the Second Schedule to the Standing Orders of the Senate provide for the procedure to be followed in the hearing and determination of the proposed removal from office, by impeachment, of the Deputy President. Specifically, Article 145(3)(b) of the Constitution and Standing Order 78(1) of the Senate provide that the Senate may, by resolution, appoint a Special Committee comprising eleven of its members to investigate the matter. Hon. Senators will recall that at the sitting of the Senate held on Wednesday, 9th October, 2024, the Motion for the establishment of a Special Committee was deemed to have been withdrawn pursuant to Standing Order 70. This, therefore, paved the way for the investigation on the proposed removal from office, by impeachment of His Excellency the Deputy President of the Republic of Kenya to be held in Plenary. Hon. Senators, ladies and gentlemen, by way of a status update, pursuant to Rules 4(a) and 6 of the Rules of Procedure when considering the proposed removal of the Deputy President in Plenary, the Senate invited the Deputy President to appear and be represented before the Senate during its investigation. The Senate further invited the Deputy President, if he so chooses, to appear before the Senate, to file an answer to the Charges with the Office of the Clerk of the Senate by

1. 00 p.m., on Monday, 14th October, 2024, setting out-
   1. the Deputy President’s response to the particulars of the allegations; (ii) the mode of appearance before the Senate; whether in person, by advocate or in person and by advocate; (iii) the names and addresses of the persons to be called as witnesses, if any, and witness statements containing a summary of the evidence to be presented by such witnesses before the Senate; and (iv) any other evidence to be relied on. Pursuant to Rules 4(b) and 7 of the Rules of Procedure when considering the proposed removal of the Deputy President in Plenary, the Senate notified the National Assembly of the date for the commencement of the investigation and invited the National Assembly to designate Members of the National Assembly, who shall appear and represent the National Assembly before the Senate during the investigation. The National Assembly was further invited, if it so chooses to appear before the Senate, to file with the Office of the Clerk of the Senate by 5.00 p.m. on Monday, 14th October, 2024, setting out documentation of the following-
   2. designating the Members of the National Assembly, if any, who shall attend and represent the National Assembly in the proceedings before the Senate; (ii) indicating the mode of appearance before the Senate; whether in person, by advocate, or in person and by advocate; (iii) indicating the names and addresses of the persons to be called as witnesses, if any, and witness statements containing a summary of the evidence to be presented by such witnesses before the Senate; and (iv) specifying any other evidence to be relied on. Hon. Senators, ladies and gentlemen, on 14th October, 2024, the Office of the Clerk of the Senate, received a response, Ref. No. SW/PET/153/VO/EN/01/2024, and dated 14th October, 2024, to the Invitation to Appear issued to the Deputy President, from M/s Swanya Company Advocates, who indicated that His Excellency the Deputy President had appointed the firm to represent him in the proceedings before the Senate and that the Deputy President would also appear in person and by advocates. The letter also indicated the list of Counsel representing His Excellency the Deputy President and the list of witnesses for the Deputy President. Similarly, on 14th October, 2024, the Office of the Clerk of the Senate received a response, Ref. No. NA/CAN/CORR/2024(562), and dated 14th October, 2024, to the Invitation to Appear issued to the National Assembly, from the Clerk of the National Assembly, indicating that M/s G & A Advocates LLP, had been appointed to represent the National Assembly and that the National Assembly would appear in person and by advocates. The letter also indicated the Members of the National Assembly representing the National Assembly in these proceedings and the witnesses for the National Assembly. Pursuant to Rule 8 of the Rules of Procedure when considering the proposed removal from office of the Deputy President in Plenary, on Monday, 14th October, 2024, the Clerk of the Senate furnished each party with the documentation filed by the other party in accordance with Rules 6 and 7 of the Rules of Procedure. Hon. Senators, ladies and gentlemen, the Hearing Programme which has been appended to today’s Order Paper, details the various activities in the hearing and determination of the matter and the time allocated to each activity. It will be crucial that all the parties comply with the time allocated. I will repeat, it will be crucial, that all parties comply with the time allocated. The parties will be notified of the balance of time on each activity through the Clerks at-the-Table. In summary, the programme states that after we have dispensed with preliminary matters today, Wednesday, 16th October, 2024, the charges against the Deputy President, as submitted by the National Assembly, shall be read. Thereafter, His Excellency the Deputy President will be given an opportunity to take a plea on the charges. This will be followed by an opening statement by the National Assembly and by the Deputy President. After the conclusion of the opening statements, the presentation of the case of the National Assembly shall commence. The National Assembly will have a maximum of three hours for presentation of the case and re- examination, while the Deputy President will be allocated two hours for cross examination of witnesses after presentation of the case by the National Assembly. Hon. Senators will be given an opportunity to ask questions or seek clarifications from the National Assembly. This should take us up to the end of today’s sitting. At the sitting scheduled for tomorrow, Thursday, 17th October, 2024, His Excellency the Deputy President will present his case before the Senate. The Deputy President will have a maximum of three hours for presentation of the case and re- examination while the National Assembly will be allocated two hours for cross examination of witnesses. Hon. Senators will also be given an opportunity to ask questions or seek clarifications from the Deputy President, following which the closing statements by the parties will be made for a period not exceeding one hour each. As provided for under Rule 27 of the Rules of procedure for removal of Deputy President by impeachment, after the closing statements have been made, the hearing shall conclude and the Senate shall proceed into a camera session to deliberate on the issues raised. The Senate shall thereafter proceed to debate on a Special Motion prior to voting on each of the charges. At this stage, a Supplementary Order Paper will be issued to facilitate this debate. In accordance with Article 145(7) of the Constitution and Standing Order No.78(8) of the Senate, the voting shall be by all Senators. The Deputy President shall cease to hold office if at least two-thirds of all Senators vote to uphold any impeachment charge. If, however, the vote in the Senate fails to result in the removal of the Deputy President, the Speaker of the Senate shall notify the Speaker of the National Assembly accordingly. Hon. Senators, ladies and gentlemen, I now invite Counsel for the National Assembly to introduce the legal team of the National Assembly and the Members representing the National Assembly by stating the full name and designation of each person. You may proceed, Counsel.

INTRODUCTION OF MEMBERS OF THE NATIONAL ASSEMBLY AND THE COUNSEL REPRESENTING THE NATIONAL ASSEMBLY

1. Hon Otiende Amollo EBS
2. Hon. George Murugara, CBS, MP
3. Hon Samuel
4. Hon. John Makali, MP
5. Hon. Zamzam Mohammed, MP

SC, MP

Chepkong’a, CBS, MP

INTRODUCTION OF HIS EXCELLENCY THE DEPUTY PRESIDENT AND THE COUNSEL REPRESENTING THE DEPUTY PRESIDENT

1. Mr. Paul Muite, SC
2. Mr. Elisha Ongoya
3. Mr. Tom Macharia
4. Mr. Swanya Victor Ogeto
5. Mr. Ndegwa Njiru
6. Mr. John Njomo
7. Ms. Faith Waigwa
8. Mr. Amos Kisilu
9. Mr. George Wandati
10. Mr. George Sakimpa,
11. Mr. Andrew Muge
12. Mr. Eric Naibei
13. Ms. Juliah Omwamba
14. Mr. Willis Echesa.

Mr. Speaker, Sir, we will be raising a niche about one of the members of the legal team read out this morning as representing the National Assembly.

I thank you and hon. Members.

PRELIMINARY MATTERS AND OBJECTIONS OBJECTION TO THE APPEARANCE OF HON. JAMES ORENGO, SC AS COUNSEL FOR THE NATIONAL ASSEMBLY

READING OF THE CHARGES

The Clerk of the Senate (Mr. Jeremiah Nyegenye): Your Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya, please take the stand.

Your Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya, the grounds for your proposed removal from office, by impeachment, as received by the Senate from the National Assembly, are as follows-

Gross Violation of Articles 10(2)(a), (b) and (c); 27(4), 73(1)(a) and

1. (b); 75(1)(c), and 129(2) of the Constitution and Articles 147(1), as read with Article 131(2)(c) and (d) of the Constitution The Preamble of the Constitution provides among other things, that the people of Kenya adopted and enacted it-
   1. being proud of the ethnic, cultural, and religious diversity, and a determination to live in peace and unity as one indivisible sovereign nation; and,
   2. recognising the aspirations of all Kenyans for a Government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. The Preamble of the Constitution is supplemented by Article10(2)(a), (b) and (c) of the Constitution, which establishes the core national values and principles of governance that bind all State Officers, including the Deputy President. These values and principles include patriotism, human dignity, national unity, equity, social justice, inclusiveness, non-discrimination, equality, human rights, protection of the marginalised, democracy, and good governance. Moreover, Articles 73(1)(a) and (2)(b) of the Constitution establish responsibilities of leadership. They provide that the authority assigned to a State Officer, such as the Deputy President, is a public trust to be exercised in a manner that is consistent with the purpose and objects of the Constitution, demonstrates respect for the people, brings honour to the nation and dignity to the office and promotes public confidence in the integrity of the office. Also, Article 27(4) of the Constitution prohibits all forms of discrimination, including discrimination based on ethnic or social origin, conscience, belief, language and birth. Further, Article 73(2)(b) of the Constitution provides that decision-making should be objective and impartial and should not be influenced by favouritism and improper motives. Furthermore, Article 75(1)(c) of the Constitution provides that a State Officer should behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids demeaning the office he holds. As a matter of constitutional compliance, the Deputy President of the Republic of Kenya, who is the principal assistant to the President of the Republic of Kenya, therefore, is required-
   3. to promote the constitutional core values such as peace and unity of all Kenyans in the context of ethnic, cultural, and religious diversity, patriotism, national unity, rule of law, democracy and participation of the people, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; and good governance;
   4. to respect and uphold representation of Kenya’s multi-ethnic and culturally diverse society through the promotion of equality and affording equal opportunities to all Kenyans in appointments to the public service and allocation of public resources; and,
   5. to make, promote, and implement public policy decisions that do not discriminate against any Kenyan based on conscience, ethnic or social origin, language or birth. However, on diverse dates throughout the last two years, His Excellency Rigathi Gachagua has persistently made utterances threatening to discriminate, exclude and unlawfully deny sections of the people of Kenya and regions of the Republic of Kenya equal opportunities for public service appointments and allocation of public resources. Besides, the utterances are highly inflammatory and inciteful and significantly undermine national unity and the peaceful co-existence of Kenya’s diverse communities. To illustrate:
   6. Sometime in 2023, at a public forum in Kajiado County within the Republic of Kenya, His Excellency Rigathi Gachagua made highly inflammatory and inciteful public pronouncements to the effect that the Government of Kenya is a company and that the allocation of government development projects and public sector jobs are based on shares determined by how the populace of the various ethnic communities voted in the 2022 General Elections. Specifically, he stated as follows- “A Government is like a company, there is shareholding. Kuna wale who have invested a lot of shares, kuna wale wameweka kidogo, kuna wale wamekataa, lakini wote ni Wakenya. So, ndio tukasema, kama wewe umeenda kupanda mahindi, ama wacha nipeane example ya ng’ombe kwa sababu niko Kajiado. Wewe uko na ng’ombe yako ya maziwa. Hio ng’ombe imezaliwa ikiwa njaù. Umeichunga vizuri, umepatia majani, umenunulia dairy meal, umepatia chumvi, umepeleka kwa malisho, umepatia maji, imezaa, imeanza kukamuliwa. Wewe unatakiwa kwanza ukuwe mtu ya kwanza kukamua hiyo ng’ombe na kunywa maziwa.” His Excellency Rigathi Gachagua emphasized the divisive and inciteful narrative embodied in the above utterances as follows- “Haiwezekani mtu ambaye alikuwa anakupigia kelele ukichunga hii ng’ombe, na kusema hii ng’ombe ni ile ya kienyeji hakuna haja ya kushughulika naye, hii ng’ombe ni bure haiwezi kutoa maziwa, hii ng’ombe ata ikipona jicho moja, wachana nayo unapoteza wakati. Saa ile ng’ombe imezaa imetoa maziwa, amekuja na kikombe, amekuja na sufuria, anataka atolewe maziwa. Mimi nikasema hiyo haiwezekani. Nikasema yule mwenye hii ng’ombe na kuichunga na kuitunza, kwanza akamue maziwa, yeye na watoto wake wakunywe. Ile itabaki aitie majirani. Hata yule alikuwa anapiga kelele akisema hii ng’ombe ni bure na haiwezekani kama kunayo imebaki pia apewe, kama hakuna imebaki, atembee. Si namna hiyo?” His Excellency Rigathi Gachagua made similar remarks at another public forum as follows- “A Government is like a company. I did not say it is a company, I said it is like a company. In every company, there are shares; preferential shares and ordinary shares. When there is an Annual General Meeting (AGM), non-shareholders do not vote or attend the AGM. When there are dividends to be divided, they are divided according to the number of shares. That is the truth.” His Excellency Rigathi Gachagua continued the inciteful and divisive utterances at yet another forum where he stated as follows- “Sisi lazima tungeangalia nyinyi. Hii Serikali ni kampuni na ni ya shares. Si ndio? Ni ya shares. Kuna wenye kampuni, wale wako na shares mingi, wale wako na chache. Kuna wale hawana. Sasa nyinyi mli-invest kwa hii kampuni ya William Ruto na Rigathi Gachagua. Sasa lazima mvune. Yule ambaye alipanda atafanya nini? Si mlipanda? Si mliamuka mapema?” At another forum in Nandi County, His Excellency Rigathi Gachagua continued the same divisive and inciteful narrative as follows: “Raia ako pale, niko hapo. Huyu Felix ako hapo. Mimi mnanijua msimamo wangu; ya kwamba, watoto wakiwa wengi, kuna wale kwanza ya kuangaliwa. Si mnajua? Sasa huyu Felix ako pale, ndiye kuunganisha mawaya. Mambo yenu tumepanga. Mambo iko sawa. Chakula iko jikoni, karibu kuiva. Watoto ni wengi, chakula ni kidogo. Iko watoto ya nyumbani, iko wa jirani. Iko namna hio. Na nyinyi mtulie. Chakula ikiiva, sisi ndiyo wenye kupakua. Na watoto tunawajua kwa sura na kwa msimamo. Hatuwezi kuwa confused. Kuna mtu hajui watoto wake? Na wiki inakuja, tutatangaza hatua kali ile tutachukua, na ile maneno tumepanga.” In addition, in September, 2024, during a public rally in Nairobi, His Excellency Rigathi Gachagua made public utterances that incited other communities against the ethnic communities that live around the Mt Kenya region by stating as follows: “Na mimi mkaniambia nimsaidie Rais kwa kazi. Lakini nikiwa hapo kwa serikari, nikue pia nikichunga mambo ya watu wa mulima. Niendelee kuchunga mambo ya mulima, ama nisichunge? Sasa hio kuchunga mambo ya mulima, inaniletea matatizo. Ati naambiwa mimi ni mkabila. Mimi ni mkabila kweli? Nikichunga mambo ya watu wa mlima, iko makosa? Iko makosa?” His Excellency Rigathi Gachagua’s utterances throughout the past two years undermine the promotion of national unity in the context of Kenyan society's multi-ethnic demography and multi-cultural diversity.

Ground 2:

Gross Violation of Articles 147 (1) and 152 (1) of the Constitution Article 147(1) of the Constitution provides that the Deputy President; “shall be the principal assistant of the President and shall deputize for the President in the execution of the President’s functions.”

In addition, Article 152(1) the Constitution states that the Deputy President is a member of the Cabinet.

On various dates throughout the last two years, His Excellency Rigathi Gachagua undermined the President and the Cabinet and the effective discharge of the national government's executive mandate by making unilateral public statements that were inconsistent with policy positions collectively adopted by the Government.

To illustrate-

1. On or around 30th April, 2024, the Cabinet passed a resolution for the evacuation of people residing along the Nairobi River.
2. Shortly after that, His Excellency Rigathi Gachagua made a public statement opposing the Nairobi River Riparian Evacuation Orders, which the Cabinet had sanctioned for public safety and climate change mitigation. His Excellency Rigathi Gachagua made contradictory public statements despite being a Member of the Cabinet and being assigned the function of superintending the Nairobi River Riparian Evacuation Order. In addition, His Excellency Rigathi Gachagua has on several occasions throughout the last two years, made public statements contradicting the President on critical matters of governance and the exercise of the President's function as a symbol of national unity. To Illustrate- a) In March, 2023, at a public forum in the Nyanza region, the President said Kenya belongs to all, notwithstanding how people voted in the 2022 general elections, and that he would ensure the Government does not discriminate against anyone. However, His Excellency Rigathi Gachagua, speaking after the President at another public forum, contradicted him by saying that Kenya is a company in which the provision of Government services is based on shares. b) His Excellency Rigathi Gachagua has made numerous other utterances at public forums where he publicly restates the divisive narrative that Kenya is a company in which the rights of citizens are based on shares determined by how various ethnic communities voted in the 2022 general elections. His Excellency Rigathi Gachagua’s unilateral, divisive and inciteful public statements are impeachable offences to the extent that- a) They undermine the effective discharge of the national Government's executive mandate. b) They violate the doctrine of collective responsibility. c) They are equivalent to insubordination of the President, which is incompatible with his constitutional status as the Principal Assistant to the President of the Republic of Kenya. Your Excellency, Rigathi Gachagua, how do you plead to Ground 2; guilty or not guilty? The Deputy President of the Republic of Kenya (Hon. Rigathi Gachagua, EGH): Not guilty. Ground 3: Gross Violation of Articles 6 (2), 10 (2) (a), 174, 186 (1), 189 (1) and the Fourth Schedule to the Constitution (Undermining Devolution) Article 10(2)(a) of the Constitution provides that devolution is a fundamental national value and principle of governance. In addition, Article 6(2) of the Constitution provides that governments at the county and national levels are distinct and interdependent and shall conduct their mutual relations based on consultation and cooperation. These provisions are supplemented by Article 189(1) of the Constitution, which provides that governments at each level shall perform and exercise their powers “in a manner that respects the functional and institutional integrity of Government at the other level---" Under paragraph 7(a) of Part 2 of the Fourth Schedule to the Constitution, county governments are responsible for trade development and markets as an exclusive function. Moreover, the Deputy President chairs the Intergovernmental Budget and Economic Council, an essential organ for consultation between the two levels of Government. On or around 20th September, 2024, His Excellency Rigathi Gachagua, recklessly unmindful of the high calling and dignified status of the Office of the Deputy President of the Republic, unlawfully interfered with the running of Nairobi City County Government by holding a public rally in which he incited citizens against lawful directives of the Nairobi City County Government on the planning and relocation of markets. Further, His Excellency Rigathi Gachagua publicly disparaged the leadership of the Nairobi City County Government and its decisions. Moreover, His Excellency Rigathi Gachagua has interfered with the proper discharge of county governments' constitutional functions regarding alcohol control and regulation. His Excellency, Rigathi Gachagua’s inciteful and demeaning public statements and conduct are impeachable offences to the extent that—
3. They undermine devolution.
4. They undercut the functional and institutional integrity of county governments.
5. They unjustifiably vilify and ridicule the leadership of county governments, especially the Nairobi City County government.

Ground 4:

Gross Violation of 160 (1) of the Constitution (Undermining the Institutional and Decisional Independence of Judges

The Clerk of the Senate (Mr. Jeremiah Nyegenye): Article 160 (1) of the Constitution provides that the Judiciary shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority. Many international law instruments, treaties and principles require the guarantee of the judiciary's independence and require all government officers and institutions to respect and observe it.

In 2023, His Excellency Rigathi Gachagua recklessly unmindful of the high calling and dignified status of the Office of the Deputy President of the Republic of Kenya and the need to respect, protect and uphold the independence of the Judiciary, made a scathing public attack against the Hon. Lady Justice Esther Maina, Judge of the High Court of Kenya, and falsely threatened to file a Petition for the removal of the said Judge in gross violation of Article 160 (5) of the Constitution.

The hon. Judge had presided over a case in which His Excellency Rigathi Gachagua was a party and had, in the lawful performance of her judicial function, ordered His Excellency Rigathi Gachagua to forfeit to the State the sum of KShs200 million, which she had found to be proceeds of corruption and money laundering.

His Excellency Rigathi Gachagua’s public attacks against the Judge are impeachable offences to the extent that they undermine the functional and decisional independence of judges.

Your Excellency Rigathi Gachagua, how do you plead to Ground 4; guilty or not guilty?

The Deputy President of the Republic of Kenya (Hon. Rigathi Gachagua, EGH): Not guilty.

Ground 5:

Gross Violation of Articles 3 (1) and 148 (5) (a) of the Constitution (Breach of the Oaths of Office and Allegiance)

The Clerk of the Senate (Mr. Jeremiah Nyegenye): His Excellency Rigathi Gachagua’s actions and utterances outlined in Grounds 1, 2, 3 and 4 of this Motion constitute a gross violation of Article 3(1) of the Constitution, which requires every person to respect, uphold and defend the Constitution.

Further, the actions and utterances of His Excellency Rigathi Gachagua grossly violate Article 148 (5) (a) of the Constitution, which prescribes the Oath of Allegiance of

PART B: SERIOUS REASONS TO BELIEVE THAT THE DEPUTY PRESIDENT HAS COMMITTED A CRIME UNDER NATIONAL LAW PURSUANT TO ARTICLE 150 (1) (B) (II) OF THE CONSTITUTION

Ground 6: Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 13(1) (a) and 62 of the National Cohesion and

Integration Act

The Clerk of the Senate (Mr. Jeremiah Nyegenye): Section 13 of the National Cohesion and Integration Act provides that it is an offence for any person to use threatening, abusive or insulting words or behaviour where the person intends to stir up feelings of ethnic contempt, hatred, hostility, violence or discrimination. The section also makes it an offence to use such words or engage in such behaviour when, having regard to all the circumstances, ethnic hatred is likely to be stirred up.

Besides, Section 62 of the National Cohesion and Integration Act states that a person commits an offence when the person makes statements that are intended or are likely to stir up feelings of ethnic contempt, hatred, hostility, violence or discrimination.

His Excellency Rigathi Gachagua’s persistent inflammatory, reckless, inciteful public utterances over the last two years, the details of which are set out in Grounds 1, 2, 3 and 4 of this Motion, establish serious reasons to believe that he has committed crimes under Section 13 (1) and 62 of the National Cohesion and Integration Act.

Your Excellency Rigathi Gachagua, how do you plead to Ground 6; guilty or not guilty?

The Deputy President of the Republic of Kenya (Hon. Rigathi Gachagua): Not guilty. Ground 7: Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 45(1), 46, 47 (a) (3), and 48 (1) of the Anti- Corruption and Economic Crimes Act and sections 2, 3, 4, and 7 of Proceeds of Crime and Anti-Money Laundering Act

The Clerk of the Senate (Mr. Jeremiah Nyegenye): For the past two years, His Excellency Rigathi Gachagua has inexplicably amassed a humongous property portfolio estimated at KShs5.2 billion, primarily from proceeds of corruption and money laundering.

1. Spirit Way Limited (PVT-Y2ULDMKY) 14/11/2023 Dorcas Wanjiku Rigathi– Director/Shareholder/Beneficial Owner–100 Shares
2. Fortis Vis Group Limited (PVT-MKUMAKEE) 14/02/2023 Kevin Rigathi Gachagua–50 Shares Keith Ikinu Rigathi–50 Shares
3. Grand Bypass Apartments Limited (PVT-5JUZEKL8) 11/01/2024 Rigathi Gachagua–Director John Mwai Mathenge (7676931)– Director Peter Njoroge Regeru (4686103)– Director Vipingo Beach Resort Limited (C.159289)–Shareholder–1 Share
4. Kuruwitu Properties Limited (PVT-EYUBKG83) 26/04/2023 Vipingo Beach Resort Limited (C.159289)–Shareholder–1000 Shares John Mwai Mathenge
5. The Anansi Collective (BN-JRCG76AG) 29/03/2021 Keith Ikuni Rigathi
6. Biovet (K) Limited

(CPR/2009/4880)

10/06/2009 Rigathi Gachagua–200 Shares Dorcas Wanjiku Rigathi–200 Shares

1. Calvary Creed International Limited

(CPR/2015/186154)

16/04/2015 Rigathi Gachagua–50 Shares Dorcas Wanjiku Rigathi–950 Shares

1. Cosmere Venture Limited (PVT-Q7ULE6Z) 26/02/2018 Herman Thuita Maina–200 Shares James Mwangi Kagotho–50 Shares Kevin Rigathi Gachagua–250 Shares Keith Ikinu Rigathi–50 Shares Irene Nyanjau Wachira–250 Shares David Kipkemboi Muthamia–200 Shares
2. Crystal Kenya Limited

(CPR/2009/4898)

12/06/2009 Kevin Rigathi Gachagua–200 Shares Keith Ikinu Rigathi–200 Shares

1. Delta Merchants Limited

(CPR/2009/4874)

09/06/2009 Rigathi Gachagua–200 Shares Dorcas Wanjiku Rigathi–200 Shares

1. Vipingo Beach Resort Limited (C.159289) 05/08/2008 Kevin Rigathi Gachagua–Director Keith Ikinu Rigathi–Director Estate of the deceased James Nderitu Gachagua–Shareholder 10,000 Shares
2. Rigathi Gachagua Foundation (CLG-XXFXRG) 11/11/2022 Rigathi Gachagua
3. Dorcas Rigathi Foundation (CLG-G9FV2G) 19/10/2022 Kevin Rigathi Gachagua Keith Ikinu Rigathi Dorcas Wanjiku Rigathi Nancy Wambui Kangethe
4. Heartland Supplies Limited

(CPR/2009/4881)

11/06/2009 Rigathi Gachagua– Director/Shareholder–200 Shares Dorcas Wanjiku Rigathi– Director/Shareholder–200 Shares

1. Karandi Farm Limited (C.94303) 25/06/2001 Rigathi Gachagua – Director/Shareholder–700 Shares Dorcas Wanjiku Rigathi– Director/Shareholder–100 Shares
2. Morani Manufacturers Limited (PVT-8LU7Q8GD) 13/10/2021 Dorcas Wanjiku Rigathi– Director/Shareholder–200 Shares Keith Ikinu Rigathi– Director/Shareholder–200 Shares Joshua Karianjahi Waiganjo– Director/Shareholder -600 Shares Grace Wachuka Mwangi–Beneficial Owner
3. Mothers of the Land Limited (CLG-55FD3B) 01/12/2021 Louiza Njeri Wanjiru– Director/Member Caroline Jepkemboi Waiyaki– Director/Member Lucy Njuguini Mutegi– Director/Member Dorcas Wanjiku Rigathi– Director/Member
4. Pioneer Medical (K) Limited

(CPR/2009/4910)

09/06/2009 Rigathi Gachagua– Director/Shareholder–200 Shares Dorcas Wanjiku Rigathi– Director/Shareholder–200 Shares

1. Ridor Furniture Mart Limited (C.141876) 18/07/2007 Rigathi Gachagua– Director/Shareholder–500 Shares Dorcas Wanjiku Rigathi– Director/Shareholder–500 Shares
2. Royal Crimson Ventures Limited (PVT-LRU2QZL) 26/02/2018 Kevin Rigathi Gachagua– Director/Shareholder -400 Shares Keith Ikinu Rigathi– Director/Shareholder -400 Shares Peter Kangangi Githaiga– Director/Shareholder–200 Shares
3. Technical Supplies and Services (K) Limited

(CPR/2009/4895)

06/06/2009 Rigathi Gachagua– Director/Shareholder–400 Shares Francis Muchiri Wanguo–Director

1. Wamunyoro Investments Limited (C.93670) 23/04/2001 Kevin Rigathi Gachagua– Director/Shareholder–1 share Keith Ikinu Rigathi– Director/Shareholder–1 share To illustrate,
   1. In November
   2. In November
   3. His Excellency Rigathi Gachagua
   4. His Excellency Rigathi Gachagua
   5. His Excellency Rigathi Gachagua
   6. His Excellency Rigathi Gachagua
   7. His Excellency Rigathi Gachagua
   8. His Excellency Rigathi Gachagua
   9. Additionally His Excellency Rigathi
   10. Moreover, companies associated with His Excellency Rigathi Gachagua and
   11. In addition, His Excellency Rigathi Gachagua has used the office of Deputy
   12. Images of some of the properties that His Excellency Rigathi Gachagua has
   13. Treetops Hotel
   14. Outspan Hotel
   15. Olive Gardens
   16. Vipingo Beach Resort.
   17. AgroBriq Investment Limited
   18. Rudani Mayurkumar Mahendrabhai.
   19. Notification of Award Letter Ref ODP/ADM.1/57 Vo.IV (70) dated 16th
   20. Payment Voucher
   21. An agreement letter dated 22nd December 2022 between the Office of Deputy
   22. Lusona Events Limited
   23. Esther Wanjiru Njenga.
2. The company’s directors are account signatories. Ian Njuguna Gitata was also

2023, Crystal Kenya Limited, No. 9 in the above table, a

2023, Kevin Gachagua and Keith Ikinu, the proxies of His

and his proxies also acquired Olive Gardens

acquired Vipingo Beach Resort in Kilifi

acquired a parcel of land known as

acquired approximately 40 acres of land in

acquired 80 acres of land in Meru County.

acquired a dairy farm in Nyandarua County.

Gachagua used his office of Deputy

in Nyeri County.

located in Aberdare Ranges.

hotel Argwings Kodhek Road.

of KShs55,133,265.92 was received on 10/01/2023 as the 1st

2-JULY-2024

2,946,900.00

2-JULY-2024

4,806,639.00

2-JULY-2024

4,679,130.00

2-JULY-2024

2,955,450.00

2-JULY-2024

3,374,400.00

2-JULY-2024

5,451,912.40

2-JULY-2024

3,582,536.50

2-JULY-2024

3,840,625.60 A substantial portion of the Kshs100,262,821.43 was used for luxurious largesse and unnecessary expenditure for carpets, et cetera laid down for the Deputy President’s functions.

Some of the funds were utilized as follows-

1. Ian Gitata
2. A sum of Kshs 4 million transferred to a law firm.
3. A sum of Kshs26,993,350 - Investment in fixed term deposits as follows-
4. On 27th May, 2024, Kshs9,993,350
5. A sum of Kshs2 million was allegedly used to purchase a white Toyota Prado
6. Another Kshs4 million was suspiciously transferred to Nicholas Maingi's
7. Sections 45(1)(a), 46, 47A(3) and 48(1) of the Anti-Corruption and Economics
8. Sections 2, 3, 4 and 7 of the Proceeds of Crime and Anti-Money Laundering made Kshs22,800,000 in cash withdrawals. Some of the

Leadership and Integrity Act

The Clerk of the Senate (Mr. Jeremiah Nyegenye): His Excellency Rigathi Gachagua has continuously misled members of the public through false, malicious, divisive and inciteful remarks that are contrary to the provisions of Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act.

1. To illustrate, sometime in January, 2024, His Excellency Rigathi Gachagua made a sensational, but false accusation that Hon. Justice Esther Maina, Judge of the High Court of Kenya, had engaged in corruption. He publicly said he would present a petition for the removal of the said judge (which he has not done to date), leading to the inevitable conclusion that he knew his allegations were false.
2. On or about 26th June, 2024, His Excellency Rigathi Gachagua recklessly and unmindful of the high calling and dignified status of the Office of the Deputy President of the Republic and his membership to the National Security Council, both being positions that require one to be a discrete and tempered leader, especially during moments of national crisis, addressed Kenyans on live television in Mombasa County and publicly made sensational statements against the National Intelligence Service (an essential national security organ), its Director General and officers. The following is an excerpt of part of his speech: “The Director General of the National Intelligence Service, Noordin Haji, was a junior officer in the National Intelligence Service before he was appointed as DPP. When he was appointed to the office of the Director General, because of his inferiority complex, he chased away all the people who were senior to him when he was in the Service, therefore, crippling the capacity of that service and making it dysfunctional. Three Directors were chased away and re-assigned to desk jobs in Ministries across Government. Thirteen Assistant Directors, men and women with proven track record of intelligence collection and analysis, were removed from the National Intelligence Service, leaving a shell under a clueless Director General who has no capacity to run the organization. That is why the security sector was caught off guard by the intensity, the anger of the Kenyan people, the agitation of the Kenyan people, the resilience of the Kenyan people.” Your Excellency Rigathi Gachagua, how do you plead to Ground 8, guilty or not guilty? The Deputy President of the Republic of Kenya (Hon. Rigathi Gachagua): Not guilty.

PART C: GROSS MISCONDUCT PURSUANT TO ARTICLE 150(1)(b)(iii) OF THE CONSTUTION

Ground 9: Gross Misconduct (Public Attacks on the National Intelligence Service

and its officers)

The Clerk of the Senate (Mr. Jeremiah Nyegenye): The phrase “gross misconduct” generally refers to behavior that is “very unpleasant, disgusting or very rude.” This is from the Oxford Advanced learner’s dictionary.

Therefore, public attacks against an essential national security organ in circumstances that require one to be discreet and tempered constitute gross misconduct.

On or around 26th June, 2024, His Excellency Rigathi Gachagua, the Deputy President of the Republic of Kenya, unmindful of the high calling and dignified status of the office of the Deputy President of the Republic of Kenya and his membership to the National Security Council, both being positions that require a leader to be discreet and tempered, especially during moments of national crisis, addressed Kenyans on live television in Mombasa County and made a scathing attack on the National Intelligence Service, an essential national security organ.

His Excellency Rigathi Gachagua extended extremely reckless personal attacks to the Director General of the institution.

With the unprecedented acts, His Excellency Rigathi Gachagua acted in a manner that is incompatible with the high calling and dignified status of the office of the Deputy President and member of the Cabinet and the National Security Council.

The attacks against the National Intelligence Service and its Director General, constitute gross misconduct and an impeachable offence to the extent that-

1. They are incompatible with the high calling and dignified status of the Office of the Deputy President of the Republic of Kenya.
2. They undermine national security from both internal and external points of view.
3. They are incompatible with the effective discharge of the delicate and sensitive mandate of the National Intelligence Service (NIS).
4. They had the potential, given the circumstances prevailing in the country at the time, to significantly diminish public confidence in their viability of the Kenyan state and its ability to protect the lives and properties of its citizens.
5. They go against the constitutionally prescribed oath of allegiance of the office of the Deputy President under Article 148(5)(a) of the Constitution, which requires the Deputy President to obey, preserve, protect, and defend the Constitution and all other laws. Your Excellency, how do you plead to Ground 9; guilty or not guilty? The Deputy President of the Republic of Kenya (Hon. Rigathi Gachagua): Not guilty.

1. Gross misconduct, that is, Insubordination The Clerk of the Senate (Mr. Jeremiah Nyegenye): As stated in Ground 9, the phrase gross misconduct generally refers to behavior that is very unpleasant, disgusting, very rude. This is from the Oxford Advanced Learner's Dictionary. Therefore, open or public insubordination of the President, who is the head of State and Government under our constitutional framework, is gross misconduct. As stated in the preceding parts, Article 147(1) of the Constitution designates the Deputy President as a principal assistant of the President, who shall deputize for the President in the execution of the President's functions. His Excellency Rigathi Gachagua has persistently undermined, demeaned, and committed insubordination instead of assisting the President in executing the state executive mandate. Instead, he has opted to run a smear campaign against the Presidency for political expediency. Further, whereas Article 147(2) of the Constitution requires the Deputy President to perform the functions conferred by the Constitution and any other functions that the President may assign, His Excellency, Rigathi Gachagua, is openly sabotaging the state's efforts in agriculture, including the coffee, tea, sugar, and milk sectors, which the President tasked him to oversee. To illustrate-
   1. His Excellency Rigathi Gachagua
   2. His Excellency Rigathi Gachagua
2. Gross Misconduct has connived with cartels in the tea sector has influenced his family members, allies, that is, Bullying bullied Kenya Medical Supplies Agency routinely bullies public officers in national routinely summons procurement officers in uses his constitutional power as Deputy
1. His Excellency Rigathi Gachagua
2. His Excellency Rigathi Gachagua
3. His Excellency Rigathi Gachagua
4. In the presidency, His Excellency Rigathi Gachagua, identified public officers
5. In 2023, His Excellency Rigathi Gachagua used his position as a Deputy
6. His Excellency Rigathi Gachagua

PRELIMINARY MATTERS AND OBJECTIONS OBJECTION TO THE APPEARANCE OF HON. JAMES ORENGO, SC AS COUNSEL FOR THE NATIONAL ASSEMBLY

ADJOURNMENT