Rigathi Gachagua Faces Accusations of Misappropriating Late Brother’s Funds in Senate Impeachment Trial

Deputy President Rigathi Gachagua is at the center of a highly charged Senate impeachment trial, with Senior Counsel James Orengo leading the legal offensive against him. Representing the National Assembly in the trial, Orengo has accused Gachagua of engaging in illegal activities to siphon off funds from his late brother, Nderitu Gachagua’s estate, while he was hospitalized in London. These allegations have sparked intense debate as the Senate deliberates on whether Gachagua’s alleged actions warrant his removal from office.

The heart of the case rests on the suspicion that Gachagua, who was Nderitu’s next of kin, misused his position to improperly gain access to his brother’s accounts and used the funds to purchase several prime properties, including Nyeri’s iconic Outspan and Treetops hotels.

The Timeline of Events: London Trip and Execution of the Will

Orengo laid out a troubling sequence of events that allegedly unfolded after Gachagua traveled to London in February 2017, where his brother was receiving treatment. According to Orengo, Gachagua’s visit took a controversial turn when, on February 17, 2017, just a day after arriving in London, Gachagua allegedly persuaded his brother—who was gravely ill and admitted to intensive care—to sign his will.

Nderitu Gachagua, the former Governor of Nyeri County, passed away on February 24, 2017, less than a week after this will was allegedly executed. Orengo highlighted that even before his brother’s death, Gachagua had begun withdrawing money from his accounts, further fueling suspicions of foul play.

Orengo argued that Gachagua’s quick actions in securing his brother’s will, followed by immediate withdrawals from his accounts, raise significant questions about the legitimacy of his intentions and the legality of his conduct. “He [Gachagua] raided his brother’s accounts and used the funds to acquire properties, including the Treetops and Outspan hotels in Nyeri,” Orengo claimed, calling the transactions deeply suspicious.

A Legal and Moral Question: The Integrity of the Will

At the center of the case is whether Nderitu Gachagua was in any condition to consent to signing his will. Orengo questioned whether the late governor, while critically ill in the ICU, was in a sound mental and physical state to make such a crucial decision. The defense has not provided clear medical evidence to prove that Nderitu was capable of executing his will, leaving room for speculation and doubt.

Orengo further noted that there is no record of Gachagua consulting with the medical team overseeing his brother’s care during his London trip. This omission, according to Orengo, suggests a lack of transparency surrounding the circumstances of the will’s execution.

By presenting these points, Orengo portrayed Gachagua’s actions as opportunistic, implying that the Deputy President might have taken advantage of his brother’s vulnerability to benefit financially. If proven true, this would not only be a grave legal offense but also a moral breach that could severely damage Gachagua’s credibility and integrity as the country’s second-highest-ranking official.

Allegations of Property Acquisition Through Irregular Means

A significant portion of Orengo’s argument revolved around the properties that Gachagua allegedly acquired using funds from his late brother’s estate. According to Orengo, Gachagua misappropriated the funds to purchase prime assets, including Olive Gardens, a prominent establishment that was reportedly acquired through a proxy.

Orengo asserted that evidence will show Gachagua used the misappropriated money to build his wealth, buying additional properties in Nyeri, such as the Treetops and Outspan hotels. These hotels, especially Treetops, hold symbolic value in Kenya’s history, having hosted Queen Elizabeth II during her famous visit in 1952 when she ascended to the British throne.

The Deputy President’s alleged use of these funds to acquire such properties brings into question the legality and ethics of the transactions. Orengo contended that these purchases were not only made possible by misusing Nderitu’s funds but were also part of a broader scheme of criminal conduct aimed at accumulating wealth through improper means.

“If that is not a legal offense, then these transactions represent proceeds of crime committed by the Deputy President to acquire property,” Orengo argued in the Senate, pressing the seriousness of the allegations.

Defense Pushback: Gachagua’s Legal Team Responds

Deputy President Gachagua’s legal team, led by advocate Elisha Ongoya, has dismissed the accusations as politically motivated and lacking factual basis. Ongoya accused Orengo of attempting to sway public sentiment against Gachagua by painting him as a corrupt individual without substantial evidence to back the claims.

Ongoya argued that Gachagua has always maintained that the wealth he now possesses is primarily inherited from his late brother. In his defense, Gachagua has repeatedly pointed to the fact that Nderitu had entrusted him with managing the family’s assets, including overseeing his finances and properties. According to the defense, there was no wrongdoing in the execution of these responsibilities.

Ongoya also criticized the impeachment proceedings as a strategy to undermine the Deputy President’s political career, insisting that the claims brought forward are speculative and unfounded. He expressed confidence that the evidence presented will exonerate Gachagua of any criminal or unethical actions.

Implications for Gachagua’s Political Future

The allegations facing Deputy President Gachagua come at a critical juncture in his political career. As a key figure in President William Ruto’s administration, Gachagua’s standing in the government and within the ruling coalition could be severely impacted if the Senate rules in favor of his removal. The case has also drawn considerable public attention, given the gravity of the accusations and the high-profile nature of the trial.

If Orengo’s assertions are proven, Gachagua could face not only impeachment but also potential criminal charges related to the misappropriation of funds and acquisition of properties through illegal means. Such a ruling could tarnish his political legacy and significantly alter Kenya’s political landscape.

On the other hand, should the defense successfully rebut the claims and prove Gachagua’s innocence, it would serve as a significant boost to his standing, both within the government and among his political supporters. It would also frame the trial as a failed attempt to politically cripple him, strengthening his resolve in future political endeavors.

Conclusion: A Test of Justice and Accountability

As the Senate deliberates the evidence, the case against Deputy President Rigathi Gachagua serves as a critical test of Kenya’s commitment to justice and accountability. The outcome of this trial will not only determine Gachagua’s future but also set a precedent for how senior officials are held accountable for their actions in office.

James Orengo’s allegations of criminal conduct have set the stage for a high-stakes legal battle that will scrutinize both the integrity of public office holders and the processes through which they amass wealth. In the coming days, the Senate will have to weigh the evidence carefully and make a decision that will reverberate through Kenya’s political and legal arenas.