Deputy President Rigathi Gachagua’s legal team has protested the decision by Senate Speaker Amason Kingi to allow the Ethics and Anti-Corruption (EACC) Chief Executive Officer Twalib Mbarak to testify against the second in command.

In its presentation, Gachagua’s legal team led by Senior Counsel Paul Muite claimed the decision would irredeemably prejudice the trial against the deputy president.

The senior lawyer argued that the invitation was against the provisions of Article 25 of the Constitution on fair trial.

The Senior Counsel questioned why neither the EACC nor the Directorate of Criminal Investigations (DCI) detectives investigated some of the criminal allegations levelled against Gachagua before the trial commenced.

In particular, the Deputy President’s legal team questioned why the Anti-graft Commission or the DCI officers were never allowed a chance to probe allegations of money laundering as claimed by the motion tabled before the Senate plenary.

Muite while referencing Article 50 of the constitution underscored the need for a fair trial, further stating the need for the lawmakers to respect the rule of law.

"We ask you to reconsider the exercise of that right so that the Deputy President may have a fair trial," Muite stated.
"The rules of the Senate must be respected but our Constitution also has to be respected. There has been no explanation why the EACC was never asked to investigate the allegations before they were tabled before the National Assembly. The National Assembly cannot investigate criminal offences," Muite argued.

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