Deputy President Rigathi Gachagua legal counsel has pleaded with Senate Speaker Amason Kingi to halt the proceedings to allow their client time to recuperate following sudden illness.[โฆ]CLICK HERE TO READ THE FULL ARTICLEโถ
Gachagua was taken to the Karen Hospital hours before he took the stand with reports indicating that he is suffering from intense chest pains with doctors recommending he takes rest.
โI would suggest 145 (6b) doesnโt have a time limit of 10 days, give him justice by giving him a couple of days looking into the weight of the removing the Deputy President,โ
โI humbly request the Speaker a couple of days up to Tuesday, we should be able to know when he will appear by then, Tuesday, the heavens are not falling down to join with the earth,โ the lead counsel, Paul Muite said.
Muite pointed out the constitution which is the supreme law doesnโt indicate timelines in prosecuting impeachment motion and hence in compliance with the law the proceedings should be halted to give the Deputy President a chance to be heard before the vote.
Article 145 (6) stipulates if the charges have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.
โWe are aware the house chooses to hear the charges, what we are doing under Article 145 (6b) and this house by the cons is obligated to accord the Deputy President an opportunity to be heard,โ the Senior Counsel said.
Muite further cited Senate standing orders arguing the proceedings can only proceed when the Deputy President has choosen not to appear explaining the current circumstances are an action of natural justice which is out of their hands.
โRule 11 of the standing orders provides that where the national assembly chooses not to appear, the proceedings proceed. The Deputy President has not chosen not to appear which obligates this senate to accord the Deputy President an opportunity to be heard. I leave the matter in your hands,โ he argued.
Rule 11 of the rules of procedure for the removal of a Deputy President or the Deputy President states where the National Assembly or the President chooses not to appear before the Senate, that fact shall be put on record and the Senate shall proceed with its investigation without further reference to the National Assembly or the President, but the Senate may, for exceptional reasons to be recorded, permit a later appearance before the Senate by the National Assembly or the President.
Gachagua is reportedly suffering from intense chest pains with a team of doctors attending to him at Karen Hospital, his legal team has revealed.
His lead counsel Paul Muite told senators that he has been unable to access the embattled Deputy President due to his health condition with doctors advising that he requires rest.
โA team of doctors are looking at the Deputy President because of his condition I have not been able to contact him but they have said he requires rest,โ Muite informed the house.
โHeโs currently suffering intense chest pain and I didnโt want to inquire beyond that,โhe added.
Gachagua impeachment trial took an unexpected halt after he failed to show up during the afternoon session causing anxiety among his legal counsel.
Minutes later his legal team, said they had received information that the DP has been taken ill and is currently admitted to the hospital.
โThe sad reality is that the DP has been taken ill and is currently in hospital. That is the sad reality,โ Muite said.
The senior counsel requested the Senate Speaker to provide his legal team time to monitor the progress of the Deputy President.
โMy proposal is that you give me the rest of the day to have an assessment of the DP situation and come back by 5 pm after seeing him and speaking to the doctor,โ Muite saidโฆCLICK HERE TO READ MORE ARTICLES>>>
