On Thursday, Senate Speaker Amason Kingi suspended Deputy President Rigathi Gachagua's impeachment trial after the Deputy President reportedly fell ill just before he was set to be cross-examined by National Assembly lawyers led by Senior Counsel James Orengo.
Confusion arose earlier in the Senate chambers when Gachagua's legal team, led by Paul Muite, admitted that they were unaware of the Deputy President's whereabouts. Gachagua had been scheduled to appear as a witness, prompting Speaker Kingi to intervene and provide guidance on how to proceed.
Before making a final decision to adjourn the proceedings until 5:00 pm, Speaker Kingi allowed Gachagua's legal team time to locate their client. He cited Rule 11, which allows the Senate to continue with the trial in the absence of the Deputy President unless there are exceptional circumstances.
"Having considered both sides, my directions are as follows: we will suspend this sitting and resume exactly at 5:00 pm. We expect the Deputy President to take the witness stand at that time. This is a time-barred process, unfortunately. It is so ordered," Kingi ruled.
Shortly after, Muite informed the Senate that Gachagua had been hospitalized after becoming "very sick." The exact hospital where he was taken and the nature of his illness were not disclosed.
"The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick, and as I address Mr. Speaker and this House, he is in the hospital," Muite revealed.
This development prompted Speaker Kingi to allow time for consultations between lawmakers and the legal teams representing both the National Assembly and Gachagua. After the consultations, Kingi reiterated the need to adhere to the scheduled proceedings as outlined in the Order Paper.
"In my earlier communication at 1:15 pm, I made it clear that upon resumption, the DP was going to take the stand. We came in here, and I communicated the programme for the afternoon, saying we would execute it with military precision as we need to conclude business today. SC Paul Muite indicated that he could not get hold of his client, but that is not the concern of this House. Time is running. The floor is available to the DP, and no other Senator," Kingi stated.
National Assembly lawyers, led by Orengo, were hesitant to advise the Speaker on the next steps, leaving the decision in Kingi’s hands. Orengo emphasized that the Senate was bound by the Constitution to conclude the impeachment proceedings within a specified time frame.
"I have heard what Senior Counsel Paul Muite has said, and Mr. Speaker, you have made it clear that these proceedings are time-barred. It’s not just about the Deputy President's situation but about ensuring the Senate complies with the Constitution’s timeframe for making a decision," Orengo urged.
The Senate is set to reconvene at 5:00 pm to resume the proceedings, with expectations for the trial to continue.