Minutes after Senate Speaker Amason Kingi allowed Siaya Governor James Orengo to represent the National Assembly, he took centre stage by digging out some of the past utterances made by Deputy President Rigathi Gachagua.

Orengo argued that Gachagua’s statement on shareholding was in contravention of the 2010 promulgated constitution. He reiterated that the DP’s sentiments undermine the tenets of the constitution.

“It has come out that the DP, who stands here on trial by the senate, would assume that he was elected to represent the interests of a certain region, whereas the Constitution is clear that he is elected by the whole country,” Orengo stated.

“It is incontestable that the words he is accused of having uttered on why he alleges that Kenya is like a company existing of shareholders do not sit with the constitution of Kenya. Kenya is not a republic that is established on the basis of shareholding. It is a republic of citizens,” he argued.

Senior Counsel James Orengo: Every five years, the @Senate_KE pass a basis for allocation of resources among counties that abide by regional balance. The shareholding remarks goes against the spirit of the Constitution. #SenateLive pic.twitter.com/tr6gPiX6aT

— Senate of Kenya (@Senate_KE) October 16, 2024

Insubordination

Orengo also indicated that Gachagua demonstrated waywardness by issuing contradictory remarks to his boss, President William Ruto.

The veteran counsel who led opposition chief Raila Odinga’s legal team in the historic case in which the Supreme Court overturned President Uhuru Kenyatta’s reelection in 2017, maintained that Gachagua’s statement, where he called out the National Intelligence Service (NIS) boss Noordin Haji following the Gen-Z-led protests, was in bad faith.

Property in questions

Orengo further told the senators that the legal team would try and demonstrate how DP Gachagua acquired property and also his link to the property of his late brother Nderitu Gachagua.

“Evidence shows that the DP was raiding money that truly belonged to the estate of his late brother to acquire property. These were proceeds of crime committed by the DP to acquire property,” Orengo maintained in his opening remarks.

“There is a letter by Mr Mathenge and Mr Njoroge Rigeru who, together with Mr Gachagua, were the joint will executors, and they are complaining about the conduct and actions by the deputy president as an executor of the will and a family member of the late Nderitu Gachagua,” he added.

Gachagua’s plea

Gachagua, on the other side, argued that the material presented in the Senate would all spew falsehood and embarrassment.

Through lawyer Elisha Ongoya gave out a sneak peek of what is expected raising a matter where he argued that the National Assembly indicated that Gachagua coerced members of his family to sign off property left by his late brother; however, he noted that the MPs did not provide evidence to prove their allegations.

Further, Ongoya told the Senate that the president, who is Gachagua’s boss, had not submitted any complaint in the affidavit proving the insubordination claims.

Ongoya observed that no officer from the Ministry had filed an affidavit to prove that he was summoned by DP Gachagua to supply goods in the impeachment motion presented in the Senate.

Counsel Elisha Ongoya: It may appear that this proceedings are meant to put the Deputy President on trial. But, what is on trial is the resilience and steadfastness of our Constitution, our constitutional institutions, and their capacity to withstand any form of pressure. pic.twitter.com/mxrySLHIfM

— Senate of Kenya (@Senate_KE) October 16, 2024