Lawyers representing the National Assembly have called for the Senate impeachment proceedings against Deputy President Rigathi Gachagua to continue, despite his absence due to illness. Gachagua was reportedly rushed to Karen Hospital after experiencing severe chest pains on Thursday, according to his lawyer, Senior Counsel Paul Muite.
Muite requested that the proceedings be adjourned until Tuesday to allow Gachagua time to recover and present his defense. However, National Assembly lawyer Eric Gumbo opposed the request, arguing that Gachagua is not required to physically appear and could delegate his defense to his legal team or submit written documents instead.
Gumbo emphasized that Gachagua had already submitted comprehensive witness statements and documents, both to the National Assembly and the Senate, which could suffice for the proceedings. He added that Gachagua and his team had already participated fully in cross-examining the witnesses.
“The opportunity to be heard does not have to be oral,” Gumbo said. “The Deputy President has actively participated in these proceedings, filing detailed responses on October 8 and 12, 2024. His legal team has had ample opportunity to cross-examine witnesses.”
Gumbo further argued that delaying the trial could be futile, as there was no certainty that Gachagua would be well enough to attend by the proposed date. He noted that matters of health are unpredictable and should not dictate the pace of legal proceedings.
“In the interest of progress, we are willing to forgo cross-examining the Deputy President and proceed based on the documents already submitted,” Gumbo stated. He pointed out that the Senate’s rules under Rule 12 require that once the trial has commenced, it must proceed without adjournment.
Senior Counsel James Orengo, also representing the National Assembly, echoed Gumbo’s remarks, expressing a willingness to proceed without cross-examining Gachagua, despite initially seeking the opportunity. However, Orengo questioned the lack of medical evidence provided by Gachagua’s team to substantiate his illness.
"Even that medical evidence, that he’s been admitted to a medical institution, we don’t have it," Orengo said. "The DP was here up until 1:15 pm, and he wasn’t evacuated in an ambulance."
Orengo further compared the situation to election laws, suggesting that just as no accommodation is made for missing deadlines due to illness, the impeachment process should also proceed as scheduled.
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