Kenya: Gachagua Faces Setback After Kingi Declines to Allow Objection to New Evidence

Nairobi — Deputy President Rigathi Gachagua has faced another setback as Senate Speaker Amason Kingi declined his counsel’s objection to new evidence presented against him.

Gachagua filed a preliminary objection seeking to have the affidavit of Peterson Muchira excluded, arguing that it was submitted late and did not allow his legal team sufficient time to review it and mount a substantial defense.

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In his ruling, Speaker Kingi acknowledged that while standing orders generally prohibit the introduction of new evidence past a certain deadline, the evidence in question supports existing allegations.

“That is why Rules 6 and 7 of the rules of procedure permit the Senate to receive witness statements, lists of witnesses to be invited, and other evidence to substantiate already made allegations,” Kingi stated.

“I consider that the affidavit and the document marked as Volume 8A fall within the permissible rules of procedure. Therefore, I dismiss the objection,”he added.

Kingi noted that all parties had been instructed to indicate any additional evidence when submitting their responses, which allowed for the admission of the contested evidence.

“What is not allowed is the introduction of new allegations or evidence that is extraneous to the impeachment motion,” Kingi said.

The affidavit in question details the alleged sale of Olive Gardens Hotel, with Muchira refuting Gachagua’s claim that the hotel which belonged to his late brother, former Nyeri Governor Nderitu Gachagua was sold to him.

Muchira disclosed that Gachagua approached him around March 31, 2023, persuading him to enter into an informal agreement regarding the transaction outlined in the documents attached to Gachagua’s response to the motion.

“In summary, the terms of the secret arrangement were that the Deputy President would buy the hotel from me by refunding the purchase price of Sh412 million, and then instruct and pay a contractor to renovate the hotel after the completion of the transaction,” Muchira stated in his affidavit.

Muchira also noted that he is a shareholder and director of TM Civil Engineering Limited, the company referenced in the sale agreement submitted by Gachagua.

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