A schedule prepared by the Senate Clerk indicates that on Thursday, October 17th, Deputy President Rigathi Gachagua will have four hours, from 9 am to 1 pm, to present his defense against the impeachment charges. Additionally, there will be an afternoon session for cross-examination. During this time, Gachagua’s legal team will have the opportunity to call witnesses, though the names of these witnesses have not been disclosed.
After Gachagua's presentation, Senators will have a chance to question him and seek clarifications before his legal team delivers their final submissions, which will last one hour. The National Assembly team, led by Kibwezi West MP Mwengi Mutuse, will also have the same amount of time to present their case on Wednesday. The final voting session is expected to take place around 7:30 pm on Thursday.
Among the witnesses lined up to support the impeachment are Nairobi Governor Johnson Sakaja, Secretary to the Cabinet Mercy Wanjau, and former acting KEMSA CEO Andrew Mulwa. Both legal teams have been preparing detailed responses for the upcoming proceedings.
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Gachagua’s defense will be led by Senior Counsel Paul Muite, along with a team of 20 lawyers, while the National Assembly’s legal team is headed by Senior Counsel Paul Nyamodi, with other prominent lawyers including Eric Gumbo, Dr. Muthomi Thiankolu, and Peter Wanyama. Attorney General Dorcas Oduor has clarified that her role will remain advisory.
The Constitution mandates a 10-day period to resolve the impeachment process, and the clock is already ticking. For the impeachment to be successful, at least 45 Senators must support the motion. If Gachagua secures 23 votes opposing the motion, the impeachment will be dismissed, allowing him to remain in office.
Should the Deputy President be removed from office, Article 149 of the Constitution requires the President to nominate a replacement within 14 days, and the National Assembly must vote on the nominee within 60 days.
