The hotel was one of the properties listed in the impeachment motion sponsored by Kibwezi West MP Mwengi Mutuse as assets that Gachagua was accused of acquiring through corruption.
Businessman Peterson Njomo Muchira, a close ally of Deputy President Rigathi Gachagua, threw a bombshell in the ongoing impeachment proceedings currently before the Senate regarding the ownership of the Olive Garden Hotel.
The hotel was one of the properties listed in the impeachment motion sponsored by Kibwezi West MP Mwengi Mutuse as assets that Gachagua was accused of acquiring through corruption. Gachagua, before he was impeached by the National Assembly, denied its ownership in a tell-all press conference, claiming it belonged to his late brother Nderitu Gachagua.
Njomo, in an affidavit submitted on October 11, 2024, and obtained by Viral Tea, contradicted Gachagua’s remarks and raised questions about the Deputy President’s involvement in the acquisition of assets linked to his deceased brother.
The shareholder and director of TM Civil Engineering Limited revealed that he had personal knowledge of a secret arrangement between himself and the Deputy President regarding the sale of Olive Garden Hotel, a property initially part of the late Nderitu Gachagua’s estate.
A side-by-side image of the late Nderitu Gachagua and his younger brother Deputy President Rigathi Gachagua. /CITIZEN DIGITAL
According to Njomo, Gachagua approached him on March 31, 2023, and convinced him to purchase the hotel through an “informal secret agreement”. Per the affidavit, Gachagua had expressed interest in purchasing the property for Ksh412 million, from him.
“The Deputy President would instruct and pay a contractor to renovate the hotel after the completion of the transaction,” said Muchira in his statement, further claiming that Gachagua then used a proxy identified as Julianne Jahenda “to protect the DP’s interest in the hotel” who was used as the facility’s signatory agent and also ran it.
Jahenda, who is described as an associate of the Deputy President, was assigned to run the hotel as agreed by the DP.
In his defence at the National Assembly, Gachagua had argued that the hotel was sold to TM Civil Engineering Limited in line with instructions from his late brother’s will. “The allegations that I own the Olive Garden Hotel are false. Truth is the hotel used to belong to my deceased brother and therefore has never been my property,” he told Members of Parliament before 281 of them moved to impeach him.
Olive Garden Hotel is part of four properties mentioned in the case under suspicions of corruptly acquiring them. The others are Vipingo Beach Resort, Queensgate Apartment, and Lang’ata Highrise Flats which Gachagua also claimed belonged to his late brother.
The late former governor Nderitu Gachagua, in his last will, said, “Save for the properties that I have specifically bequeathed under Article Five above, I direct the executors of my will and the administrators of my estate to liquidate all the assets and upon settlement of my liabilities, distribute the net proceeds in the following manner.” However, lawyers argued that the affidavit by Njomo may not be relied on because it was introduced after the National Assembly had already approved the motion to impeach the DP.
In the event it catches the Senate’s attention, it would add complexity to Gachagua’s bid to save himself from certain impeachment, and could likely attract the watchful eyes of investigating authorities in the country, a matter which could lead to criminal charges against him.
Gachagua has so far endured a torrid start to his defence before the Senate, with his legal team losing on two grounds. Senate Speaker Amason Kingi on Wednesday, October 16 ruled that Siaya Governor James Orengo will continue representing the National Assembly in the impeachment trial, dismissing objections raised by Gachagua’s legal team that the Senior Counsel’s position as a serving governor made him legally ineligible to participate in the trial.
Speaker Kingi also dismissed another objection by DP Gachagua’s lawyers who wanted the National Assembly to be barred from relying on an affidavit made by Njomo who claimed to have the key evidence regarding the ongoing impeachment motion.
Gachagua’s lawyers argued that this document was not part of the initial documents used in the National Assembly. They objected that allowing the National Assembly to rely on the document would introduce new evidence which goes against the law.
However, the Speaker said that the document did not amount to new evidence and was supporting material that had already been filed.
