By Andrew Kariuki

Lawyer Elisha Ongoya, representing former Deputy President Rigathi Gachagua, has faulted the Senate for denying the former DP additional time during impeachment proceedings, arguing that the decision was made without justification.

Speaking at the Milimani Law Courts, Ongoya said the Senate declined to grant Gachagua two to three days to prepare and present his case.

“The senators voted to deny the deputy president the benefit of those 2 or 3 days without giving any reason,” he stated.

He also raised concerns about the conduct of the Speaker during the process, noting that while there may have been an appearance of fairness, the decision was still flawed.

“Let it go on record that the Speaker too was wrong but there may have been some veneer of good faith,” he added.

Ongoya further criticised the legal foundation of the impeachment motion, pointing out that it relied on a provision of the law that has already been declared unconstitutional.

“To approve a motion that there are serious reasons to believe that the DP has violated a provision of the law, section 132 of the Penal Code, which has been declared unconstitutional, null and void, is a locus classicus of lack of seriousness in the reasons,” he said.

He argued that the reliance on such a provision undermines the credibility of the entire process and raises serious questions about the legal basis upon which the impeachment was conducted.

Ongoya maintained that these issues form part of the broader challenge before the court as Gachagua contests the legality and constitutionality of his removal from office.