Mutuse evidently struggled on Wednesday, October 16 to justify the 11 charges against Gachagua when the motion came before the Senate, with Ongoya joining his fellow teammates in brutally arguing that the motion does not meet the threshold.
Kibwezi West Member of Parliament (MP) Mwengi Mutuse’s motion he tabled before the National Assembly seeking to impeach Deputy President Rigathi Gachagua was picked apart by the second-in-command’s lawyers, particularly Elisha Ongoya who had a field day against him.
Mutuse evidently struggled on Wednesday, October 16 to justify the 11 charges against Gachagua when the motion came before the Senate, with Ongoya joining his fellow teammates in brutally arguing that the motion did not meet the threshold.
The MP’s tricks in dodging the tough questions by the lawyer worked against him as the accusations he had fired against the DP which culminated in 281 of his colleagues impeaching Gachagua were being watered down, the legal minds even armed with video evidence depicting Gachagua’s exact remarks during a series of public rallies which formed part of Mutuse’s accusations against the DP.
At some point, Ongoya called out Mutuse for lacking simple listening skills. “Mr Mutuse please be a good listener and answer my questions. The DP is also saying that they had promised during campaigns that they would not be demolishing people’s structures. Is he lying that there was such a promise?” to which Mutuse lowly responded, “I wouldn’t know”.
Video courtesy of Citizen TV:
Mwengi Mutuse: I will also be telling you, what in my view, are the values of some of the properties
Adv Elisha Ongoya: You have graduated from a lawyer to a valuer now, isn’t it? #GachaguaImpeachment pic.twitter.com/taqnLcex38
— Citizen TV Kenya (@citizentvkenya) October 16, 2024
Ongoya even went to expose Mutuse’s past career in the legal field. The lawmaker is notably a lawyer and an advocate of the High Court who burst into the limelight during the reign of former Machakos Governor Alfred Mutua.
The lawyer put to task Mutuse’s claim of Gachagua acquiring assets through fraudulent means, even though the second in command denied its ownership in a tell-all press conference, claiming it belonged to his late brother Nderitu Gachagua.
Mwengi Mutuse: I will also be telling you, what in my view, are the values of some of the properties
Adv Elisha Ongoya: You have graduated from a lawyer to a valuer now, isn’t it?
As the intense cross-examining continued, Mutuse was pressured to reveal the real motive of the impeachment motion, disclosing that it was meant to prevent Gachagua from using the companies to conduct corruption and money laundering matters. “Indeed we are addressing fears,” Mutuse admitted.
Ongoya pressured Mutuse to clarify claims that Gachagua bullied Kenya Medical Supplies Agency (KEMSA) officials into awarding a tender for the supply of mosquito nets to Crystal Kenya Limited, to which the MP, “in the narrow sense”, refuted.
Another Excerpt
Adv Elisha Ongoya: It may be getting hotter but look at the document, compose yourself and read. What is the total number of shares in Vipingo Beach Company?
Mwengi Mutuse: 10,000
Adv Elisha Ongoya: Who is indicated as owning all those 10,000 shares?
Mwengi Mutuse: The late James Nderitu Gachagua
Adv Elisha Ongoya: When the DP therefore says, this company is wholly owned by his late brother, is he speaking the truth or not?
Mwengi Mutuse: Yes
Ongoya in earlier declaring his intention to take no prisoners, termed the evidence presented by the mover of the motion as not only false, but also ridiculous but also embarrassing.
“Those of us who understand this motion for what it is, understand why these panel-beating manoeuvres are being tried here,” he slammed, further arguing that “the motion as approved and presented by the National Assembly will remain in our constitutional history as the most embarrassing motion ever approved by a house of Parliament in the Commonwealth.”
In submission, Ongoya also cited the claim in which Gachagua allegedly interfered with the Kenya Tea Development Agency (KTDA) reforms, noting that no statement, affidavit or correspondence from any official of KTDA has been provided to support.
“It is just a claim which the mover of this motion said and told the National assembly to believe his word for what it is and they believed him,” he stated, also wondering how the DP could dragged into the renovation of his residence yet the National Assembly approved money for the purpose.
Adv Elisha Ongoya: It may be getting hotter but look at the document, compose yourself and read. What is the total number of shares in Vipingo beach company?
Mwengi Mutuse: 10,000
Adv Elisha Ongoya: Who is indicated as owning all those 10,000 shares?
Mwengi Mutuse: The late… pic.twitter.com/ro4LSwC6vf
— Citizen TV Kenya (@citizentvkenya) October 16, 2024
Representation
The deputy president’s defence team is led by Senior Counsel Paul Muite and lawyers Elisha Ongoya, Tom Macharia, Swanya Victor Ogeto, Ndegwa Njiru and John Njomo. Other lawyers representing Gachagua are Faith Waigwa, Amos Kisilu, George Wandati, George Sakimpa, Andrew Muge, Eric Naibei, Juliah Omwamba, and Willis Echesa.
On the other hand, the National Assembly’s legal team in the impeachment trial is led by Siaya Governor James Orengo. Other lawyers representing the National Assembly include Paul Nyamondi, Eric Gumbo, Kipkogei Moses Kipkemoi, Mouthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, and Joan Jeruto.
Muruki Eric Mwirigi, Mwereru Boniface Mawira, Ondago Kevine Otieno, Alex Mbaya, Kennedy Kyalo and John Mwangi Kang’u are also among the National Assembly’s legal team. At the same time, the National Assembly designated Rarieda MP Otiende Amollo, his Tharaka counterpart George Murugara, Samuel Chepkong’a (Ainabkoi), John Makali (Kanduyi) and Mombasa Women Representative Zamzam Mohammed to represent the House in the proceedings.