Gachagua’s Lawyers Turn Attention to EACC Deputy CEO After Grilling MP Mutuse
Key takeaways
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- Gachagua’s defense team on Thursday morning cross-examined Deputy Chief Executive Officer of the Ethics and Anti-Corruption Commission (EACC) Abdi Mohamud, a witness in the ongoing impeachment trial against the Deputy President.
- Mr. Mohamud appeared before the Senate despite a preliminary objection by Gachagua’s lawyers against inviting senior EACC officials to the trial.
- His cross-examination followed a dramatic one conducted on his fellow witness and mover of the impeachment motion, Kibwezi West MP Eckomas Mwengi Mutuse.
- Hon. Mutuse faced a tough Wednesday evening as Gachagua’s lawyers led by Ongoya Zebedee Elisha harshly interrogated him on the grounds of his motion.
- Gachagua’s legal team showcased impressive skills during the cross-examination, captivating Kenyan viewers as they dissected Mutuse’s case.
Also read: MP Ndindi Nyoro’s Absence During Gachagua’s Impeachment Hearing Raises Eyebrows
Hon. Mwengi Mutuse hard-pressed to explain his reasons for Deputy Gachagua’s impeachment
After successfully prosecuting the Deputy President at the National Assembly, Kibwezi West MP Mwengi Mutuse proceeded to the senate to further his case.
Mr. Mutuse convinced 281 members of the national assembly who voted in favor of the impeachment motion against Deputy President Rigathi Gachagua.
The Senate has proven to be his toughest challenge yet, as he faced a well-prepared team of lawyers representing Gachagua.
Hon. Mutuse was first allowed to present his case to the senate plenary. Senators sat in silence as they listened through his presentation which touched on the following grounds among others:
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- Gachagua’s intricate web of companies that he has used to enrich himself through his position as deputy president.
- Problematic political statements by the Deputy President that the country is a shareholding company where some people have more ‘shares’ than others.
- Alleged bullying of junior government officials by the Deputy President to influence awarding of government tenders.
- Gachagua’s alleged insubordination by contradicting the president and resolutions passed at the cabinet level.
DP Gachagua’s lawyers then took to the stage to cross-examine the Mutuse. Cross-examination during a trial is designed to test the credibility and reliability of a witness’s testimony. It allows the opposing party to challenge the witness’s statements, highlight inconsistencies, and uncover any potential biases.
Gachagua’s lawyers put on a spectacular show leaving the MP sweating as he struggled to answer quick-fire questions on his motion.
Mr. Mutuse admitted to having no problems with the companies listed in the motion, in addition to not providing evidence to support several of his claims.
Advocate Ongoya also took issue with Hon. Mutuse’s claim that the deputy president has amassed a humongous property portfolio estimated at 5.2 billion shillings.
“Who gave you this value of 5.2 billion?” posed Ongoya, to which Mutuse responded it was through simple addition.
“I will also be telling you what in my view are the values of some of the properties,” MP Mutuse offered, defending his 5.2-billion estimate.
“You have graduated from a lawyer to a valuer now, isn’t it?” countered Ongoya.
The heated session progressed as Gachagua’s lawyers took turns tackling Mutuse’s impeachment grounds.
Referring to the previous National Assembly proceedings Mr. Ongoya stated; “The joke is that the mover of Gachagua’s impeachment asked parliament to believe him and they did.”
Ongoya further criticized Hon. Mutuse for urging senators to impeach DP Gachagua based on his own imagination.
Ndegwa Njiru Cross-examines Deputy EACC CEO Abdi Mohamoud at Senate
Abdi Mohamoud also testified before the Senate against Deputy President Rigathi Gachagua in the ongoing impeachment trial.
The EACC high-ranking official said he received the summons on Thursday evening to comment about the controversial Kenya Medical Supplies Authority (KEMSA) tender.
Gachagua’s defense team had opposed his appearance as a witness, saying that the EACC was not involved in the investigation of the criminal allegations leveled against the Deputy President in the trial.
Mr. Mohamoud seemed unprepared about the motion and allegations, as he argued with lawyer Ndegwa Njiru on his role in the proceedings.
“I wouldn’t know because I have not gone through the motion,” said Mohamoud as he responded to one of the lawyer’s questions.
The EACC’s deputy chief revealed that the anti-corruption agency investigated the KEMSA tender, which was bid on by 17 companies. According to Mohamoud, the tender was finally awarded to 2 companies that don’t include Shobikaa Impex, a company associated with the deputy president.
Shobikaa Impex and Partec East Africa Ltd had been approved by KEMSA before the tender’s financier Global Fund revoked the award.
According to Global Fund, the two companies failed to meet the documentation requirements.
Also read: Kasmuel McOure Invites DP Gachagua to the Gen Z Corner
Deputy President Gachagua is accused of bullying and pressurizing KEMSA officials to release tender bid bonds after the tender was canceled.
According to Mr. Mutuse, Gachagua reportedly called on behalf of Crystal Kenya Limited, a company associated with his sons.
Crystal Kenya Limited has been identified as the Shobikaa Impex local representative in Kenya.
The Senate is expected to debate Gachagua’s impeachment motion on Thursday evening after the trial before voting on it.
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