Deputy President Rigathi Gachagua’s lawyers sought to dismiss three key affidavits from the impeachment proceedings, arguing they were inadmissible since the deponents were not available for cross-examination. The affidavits included claims from businessman Peterson Njomo, who alleged that Gachagua used him as a proxy to acquire Olive Gardens Hotel, and statements from Nairobi Governor Johnson Sakaja and Secretary to the Cabinet Mercy Wanjau.
Gachagua’s lead counsel, Paul Muite, emphasized that it was unjust to allow affidavits with damaging claims to remain on record without cross-examination. Senate Speaker Amason Kingi acknowledged the concerns and urged senators to consider the value of the contested affidavits. The National Assembly lawyer, Eric Gumbo, maintained that no new material was added beyond what was submitted, except for Njomo’s affidavit.
The debate over the affidavits unfolded shortly before news emerged that Gachagua had been taken ill, adding further drama to the proceedings.