Kisii County Senator Richard Onyonka has highlighted some of the key issues senators will be looking at while prosecuting Deputy President Rogathi Gachagua’s impeachment case.

Speaking on Tuesday, October 15, 2024, morning during a televised interview with one of the local TV stations, Onyonka stated that senators have since come to a conclusion that the expectation from the public is much higher.

As a result, Onyonka argued that the standard that the senate is going to uphold in DP Gachagua’s impeachment case hearing that kicks off tomorrow Wednesday, October 16, 2024, will be acceptable to Kenyans and believable.

“What I am happy about is that my colleagues have kind of come to the conclusion that the expectation from the public is much higher. Therefore, the standard that we are going to utilize or uphold has to be a standard that is acceptable to Kenyans and believable,” Onyonka stated.

Evidence and witnesses

The lawmaker further stated that the senators are waiting for all the evidence to be tabled since the Senate is the prosecuting arm.

Onyonka highlighted that the senators will look at all the evidence and the way it has been presented and look at the witnesses.

Due process

He went ahead to state that the senators will also be looking at whether due process was followed by the National Assembly in impeaching DP Gachagua.

Onyonka cited the impeachment case against Kericho Governor Erick Kimutai that was terminated by the senate on Monday, October 14, 2024, as one that had not followed due process.

“The second thing that I think many senators are looking at is that we must follow due process. We must be in a position where Members of the County Assembly are required to prosecute their matter in a certain way according to the law and according to the constitution without violating the rights of anybody during the process.

“Like you remember yesterday, the reason why the issue of 32.3 came up is because when you get the total number of MCAs and subtract that number from the ones who are required to vote and the ones not supposed to vote, the clerk should have informed the Members of the County Assembly that there was a ruling from the Supreme Court before which said there is no human being who can be a fraction,” he stated.

Onyonka went ahead to state that they will be looking at the charges leveled against DP Gachagua, the issues being raised, getting advised accordingly, and that when the time of voting comes, the senators will vote with their conscience.

Evidence against Gachagua

The National Assembly on Monday, October 14, 2024, submitted evidence against DP Gachagua to the Senate, in two pickups.

DP Gachagua also submitted the evidence he will be using in his defense at the Senate.

Court ruling

However, the High Court will today, Tuesday, October 15, deliver a ruling on whether to suspend the impeachment trial of DP Gachagua at the Senate Assembly.

The ruling is expected to be delivered at 2:30 PM, just a day before the Senate commences the hearing of the impeachment motion against DP Gachagua.

The Senate is set to commence the hearing of the DP’s impeachment in plenary on Wednesday, October 16, 2024.

Justice Chacha Mwita set the date after Gachagua, the National Assembly, and the Senate heavily submitted their arguments on the case on Monday, October 14, for four and a half hours.

Senior Counsel Paul Muite and Tom Macharia told Justice Chacha Mwita that the public participation process leading to Gachagua’s impeachment was a ‘sham’.

Gachagua said his rights were violated considering the insufficient time that was allocated for the exercise.

He insisted that for public participation to be satisfactory, it must be meaningful and within reasonable time.