Written by Mohamed Omran
Former Kenyan Vice President Regthei Gatshagwa achieved an early victory in issue His dismissal is ongoing, after a panel of three judges allowed the acceptance of supplementary testimony.
Gatchagua wins the first round of the special hearing
The supplemental affidavit, submitted by the former vice president’s legal team, addressed his health condition during the impeachment proceedings in October 2024.
The judges ruled that the written statement was properly submitted and should remain part of the case file in the interest of justice, which dealt a severe blow to the lawyers representing Parliament and the Attorney General's office.
Reports indicate that the statement includes details stating that Gatchagua was ill at the time of his formal removal by parliament, a matter that has remained highly controversial since the removal proceedings began.
Lawyers for the parliament, led by senior advisers Jithu Moigai and Tom Ogenda, argued before the court that the new evidence had been submitted without its permission, and raised serious allegations that warranted independent investigation.
One of the parliament's lawyers told the court, "There is no other way to deal with this statement except to strike it out.".
The defendants also argued that the affidavit included claims that President William Ruto had contacted Karen Hospital to inquire about Gachagua's health, claims which they insisted needed to be refuted and confirmed.
Ogenda also questioned the timeline provided by Gachagua's legal team, saying that the length of his time in the Senate contradicted previous memos submitted to the House of Representatives.
Ogend added, "His time in the Senate contradicts the memos submitted to the Senate by prominent lawyer Paul Moyet, as he did not know the whereabouts of the Vice President on the 17th of the month.".
However, lawyers representing Gachagua defended the statement, arguing that it was crucial in clarifying the circumstances of his illness at the time of his isolation.
Judge Eric Ogula, one of the three judges, issued his ruling, saying that the written statement was properly submitted and included in the case file in the interest of justice.
In a ruling considered a major victory for the former deputy in the case, Ogula added that the written statement, duly submitted, is included in the case file in the interest of justice.
