The Senate will commence the hearing of Deputy President Rigathi Gachagua’s impeachment case in plenary on Wednesday, October 16, 2024.

Ahead of the much-anticipated hearing, the Senate has released a schedule of how it will conduct the DP Gachagua impeachment case.

Senate programme

According to the hearing programme, the Senate will first hold a pre-hearing meeting for senators in a closed-door session between 9 AM and 10 AM.

On the preliminary list is the recital of the mandate of the Senate, Rules of Procedure, and Hearing Programme. Members of the National Assembly representing the National Assembly and their counsel, if any, will then be introduced between 10 AM and 10:30 AM.

DP Gachagua and the counsel representing him will then be introduced between 10.30 AM and 11.00 AM.

Reading of charges

Charges against DP Gachagua will be read between 11:00 AM and 11:30 AM, with an opening statement on behalf of the National Assembly being allocated 30 minutes.

The opening statement on behalf of the Deputy President has also been allocated 30 minutes.

Between 12:00 noon and 1.00 PM, there will be evidence by the National Assembly, which comprises evidence of witnesses, cross-examination, and re-examination. The Senate has allocated a total of 3 hours for the evidence of the National Assembly and a total of 2 hours for cross-examination.

The house will then break for lunch between 1:00 PM and 2.30 PM before resuming for an afternoon session that will see the continuation of evidence by the National Assembly between 2:30 PM and 6:30 PM.

There will then be questions or requests for clarification by senators between 6:30 PM and 7:30 PM, before the adjournment of the house on day one.

Gachagua’s evidence

On the second day on Thursday, October 17, the Senate will convene at 9 AM, from which evidence by DP Gachagua will be presented until 1 PM.

The house has allocated a total of three hours for the evidence of the Deputy President and a total of two hours for cross-examination.

The senators will break for lunch at 1 PM before resuming at 2:30 PM for the continuation of the evidence presentation by DP Gachagua.

There will be questions or requests for clarification by senators between 3:30 PM and 4:30 PM.

A total of 60 minutes has been allocated for a closing statement on behalf of the National Assembly, between 4:30 PM and 5:30 PM. Another 60 minutes have been allocated for the DP between 5:30 PM and 6:30 PM.

The Senate will then debate the motion on the proposed removal from office, by impeachment, of DP Gachagua, with voting scheduled for 8:30 PM.

Kisii County Senator Richard Onyonka has since 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.

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.