Kenya Insights

Tag: Paul Muite

  • Senior Lawyer Pokes Holes in Gen Ogolla’s Chopper Crash Report

    Senior Lawyer Pokes Holes in Gen Ogolla’s Chopper Crash Report

    Senior lawyer Paul Muite has cast doubt on the official report into the April 18, 2024, helicopter crash that killed Chief of Defence Forces General Francis Ogolla and nine other military personnel, accusing the government of delivering a vague and inadequate investigation.

    The Ministry of Defence’s report, released on April 11, 2025, attributed the crash to engine failure, but Muite’s sharp critique has reignited public and political demands for transparency.

    Muite argues that the report failed to address critical questions about the cause of the engine malfunction, including the helicopter’s maintenance history to rule out deliberate interference.

    “Given the trust deficit in the regime in power and suspicions, full details of what caused the engine failure, including servicing to exclude deliberate interference, is what people were expecting,” Muite said.

    He also questioned the investigation’s credibility, asking, “Was there an experienced investigator who pulled out?”

    The crash, involving a Kenya Air Force Huey helicopter in West Pokot, has been mired in controversy since it claimed the lives of one of Kenya’s most senior military leaders.

    The Ministry of Defence, led by Cabinet Secretary Soipan Tuya, presented the report to President William Ruto, asserting that engine failure was the sole cause, dismissing weather or crew errors.

    However, Muite’s remarks echo broader skepticism, with many Kenyans questioning whether the truth is being hidden.

    Muite drew parallels to past government inquiries, notably the Saitoti Commission, which probed the 2012 plane crash that killed then-Interior Minister George Saitoti.

    “Governments employ Commissions of Inquiry to ‘buy time’ so that public anger subsides, plus appointing subservient commissioners—more often than not, a strategy for covering up the truth,” he said, adding, “Is there anyone who trusts Saitoti Commission findings?”

    Adding fuel to the debate, the report revealed that the helicopter’s engine was replaced in December 2023, raising questions about undetected faults.

    An ancuatio expert suggested maintenance lapses, stating, “There seemed to be a peculiar issue with this engine that the investigation team might not have fully understood.”

    Political leaders have also weighed in. The Azimio coalition previously called for a hybrid investigation involving civilian oversight, while Siaya Senator Oburu Odinga urged a thorough probe to quell speculation. These demands underscore a deep-seated distrust in military-led inquiries, particularly for such a high-profile tragedy.

  • Gachagua Impeached As Kenya’s Deputy President

    Gachagua Impeached As Kenya’s Deputy President

    Senators have voted to impeach the Deputy President Rigathi Gachagua Thursday evening after approving five of the 11 charges levelled against him in the historic impeachment motion.

    Before undertaking the vote, Senate Speaker Amason Kingi directed senators to vote on all 11 charges, noting that the threshold to move the motion needed 45 senators to vote in favor for the charge.

    “Honerable senators, these are the guidelines on how we are going to move forward: All Senators are eligible to cast their votes, the threshold is 45 senators and we are going to vote for the charges separately. So we are going to vote 11 times.” Senate Speaker directed.

    The development coming after 281 Members of the National Assembly voted to impeach the Deputy President following a motion tabled by Kibwezi West MP Mwengi Mutuse.

    The motion by Mutuse laid 11 grounds for DP Gachagua’s ouster ranging from gross violations of the constitution and other laws such as the Anti-Corruption and Economic Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act, the Leadership and Integrity Act and the National Cohesion and Integration Act.

    DP Gachagua was expected to appear before Senate as a witness for cross examination but was taken ill, Thursday afternoon.

    He is currently undergoing treatment at Karen Hospital, where he is reported to be suffering from intense chest pains.

    Senior Counsel Paul Muite urged the Senate to postpone the proceedings until Tuesday, citing Gachagua’s health condition and the need for the Deputy President to physically present his defense.

    However, Senate resolved to continue with the impeachment proceedings against Deputy President Rigathi Gachagua despite his lawyer’s request for an adjournment to allow him time to recover and appear in person.

    The Speaker of the Senate Amason Kingi ruled that the adjournment request must be decided by the Senate and not unilaterally by the Speaker calling upon the Majority Leader to move a motion to adjourn to Saturday, October 19.

    Lawyers representing the National Assembly opposed the adjournment, insisting that the trial should proceed in accordance with Senate rules, even in the absence of the Deputy President.

    They argued that Gachagua had the option of being represented or submitting documents, as permitted by Senate standing orders.

    The motion to adjourn was, however, defeated after a majority of senators declined to support it.

    Speaker Kingi emphasised the Senate’s obligation to adhere to constitutional timelines, pointing out that the impeachment process must be concluded within 10 days.

    “The Senate has a greater duty to comply with the Constitution and stick to the strict timeline of 10 days,” Kingi stated.

    However, the Deputy President’s legal team walked out in protest after the Senate rejected the motion to adjourn to Saturday.

    “We shall be perpetuating an illegality if we were to sit in parliament without instructions from our client,” said Lawyer Ndegwa Njiru.

    Charges Against Gachagua

    The 11 charges facing Gachagua range from allegations of financial misconduct to accusations of ethnic divisiveness.

    The impeachment motion accuses him of undermining President William Ruto’s government and engaging in corrupt activities, including using proxies to amass significant wealth and state property.

    In addition, Gachagua has been accused of fostering division by engaging in politics that exploits ethnic tensions, a serious charge in Kenya’s delicate political landscape.

    One of the most damning accusations is that Gachagua manipulated his ailing brother, Nderitu Gachagua, into signing a will from his sickbed to acquire family assets, including a hotel.

    Kibwezi West MP Mwengi Mutuse, who sponsored the impeachment motion, argued that Gachagua’s conduct amounted to “extraordinary wrongdoing” and warranted immediate removal from office.

    Mutuse also claimed that Gachagua had amassed wealth estimated at Ksh 5.2 billion through corrupt dealings, using his influence to award lucrative government tenders to family members and friends.

    However, Gachagua has dismissed all the accusations as false, calling the charges “ridiculous and embarrassing.”

  • List Of Lawyers In Gachagua’s Impeachment Trial In The Senate Led By Senior Counsel Orengo And Paul Muite

    List Of Lawyers In Gachagua’s Impeachment Trial In The Senate Led By Senior Counsel Orengo And Paul Muite

    Siaya Governor James Orengo is spearheading the legal team representing the National Assembly in the impeachment motion against Deputy President Rigathi Gachagua.

    Orengo’s legal team includes prominent lawyers Paul Nyamodi, Eric Gumbo, Moses Kipkogei, Muthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, and Joan Jeruto.

    Other members of the legal team are Muriuki Eric Mwirigi, Mwereru Boniface Mawira, Ondago Kevine Otieno, Alex Mbaya, Kennedy Kyalo, and John Mwangi Kang’u.

    The designated Members of Parliament attending the proceedings include Rarieda MP Otiende Amollo, George Murugara, Samuel Chepkong’a, John Makali, and Zamzam Mohammed.

    The witnesses for the National Assembly are Kibwezi West MP Eckomas Mwengi Mutuse, former KEMSA CEO Andrew Mulwa, Secretary to the Cabinet Mercy Wanjau, Nairobi Governor Johnson Sakaja, and businessman Peterson Njomo Muchira.

    On the defense side, Gachagua’s legal team is led by Senior Counsel Paul Muite, alongside Elisha Ongoya, Ndegwa Njiru, Faith Waigwa, Amos Kisilu, Tom Macharia, Swanya Victor Ogeto, John Njomo, George Wandati, George Sakimpa, Andrew Muge, Eric Naibei, Juliah Omwamba, and Willis Echesa.

    Gachagua is the sole witness for his defense.

    However, Gachagua’s legal team has raised an objection to Governor Orengo’s participation in the proceedings, citing a conflict of interest due to his position as a serving state officer.

    Lawyer Ndegwa Njiru argued that Orengo was a state officer serving as a first term governor and past decisions made by the house have squashed attempts of public officers to represent clients in the house due to conflict of interest.

    “Governor James Orengo is a full-time serving state officer as per Article 260 of the constitution which bars a full-time state officer from engaging in meaningful employment. It would be prejudicial for this house to allow Orengo to represent National Assembly in these proceedings,” he said.

    Njiru cited Kisii Deputy Governor Robert Monda case where Senate Speaker Amason Kingi allowed the preliminary objection raised by Nandi Senator Samson Cherargei to disallow National Assembly Majority Whip Sylvanus Osoro from representing the Deputy Governor.

    “Just recently this house which is a house of record during the impeachment of the Kisii Deputy Governor, the county assembly attempted to appear by legal counsel Sylvanus Osoro (South Mugirango MP) which was raised by Senator Cherargei which was sustained,” he said.

    Gachagua’s counsel also buttressed his objection based on a High Court ruling by Justice Ogolla barring Governor James Orengo from representing Kenya Ports Authority Managing Director Daniel Manduku.

    “A person engaged in direct employment cannot purport to appear and represent a party before this assembly. It will raise serious conflict of interest, the same will prejudice our client and also in violation of key provisions of the law,” Njiru remarked.

  • 20 Lawyers Led By Paul Muite To Represent DP Gachagua In Parliament

    20 Lawyers Led By Paul Muite To Represent DP Gachagua In Parliament

    Deputy President Rigathi Gachagua is said to be banking on the services of about 20 law firms that will defend him against 11 charges contained in the motion seeking his ouster at Parliament.

    The DP who has gone under in the last five days is said to have been meeting the lawyers in a bid to put up a spirited fight to thwart the attempt to kick him out of office.

    Sources privy to Gachagua’s battery of lawyers say the team will be led by veteran Senior Counsel Paul Muite who will team up with one of Kenya’s best legal minds Fred Ngatia in facing Gachagua’s accusers at the National Assembly and the Senate if the motion sails through.

    The team is also mulling going all the way to the Supreme Court if they fail to save Gachagua in Parliament and at the lower courts.

    Victor Swanya, one of the lawyers who filed a case earlier this week to stop his impeachment motion at the National Assembly, in an interview confirmed that Muite will be the face of Gachagua’s legal team.

    Swanya confirmed that the DP will be represented by a team of about 20 lawyers.

     “Senior Counsel Paul Muite is the one who is leading us. We have counsels Tom Macharia and Amos Kisilu. Elisha Ongoya and others,” he said.

    According to Swanya, they have assessed the charges facing Gachagua and they are prepared to take on the matter head-on.

    “We have looked through the points, the accusations of the deputy president, and we’re prepared to deal with the,” he said.

    Gachagua’s legal team is banking their defence on the public participation exercise which they say did not meet the constitutional threshold.

    “You are giving a notice at night and people are supposed to wake up and participate in that exercise. How fair is that? We have people who worship on Saturday and such they cannot participate in the exercise. Notice should be reasonable,” he said.

    The DP is said to have met his legal team on Saturday in one of the regular meetings that aim to mount a fightback plan.

    Muite is a seasoned Lawyers who has been in the corridors of justice for decades representing clients in several top cases that have been the subject of public concerns.

    He successfully represented former Embu Governor Martin Wambora who challenged his impeachment by the Senate Assembly in courts while serving as county boss.

    In the case, Muite relied on the failure to conduct adequate public participation to thwart the removal of Embu governors from office.

    Ngatia on the other hand is one of the most revered lawyers in the country. He represented President William Ruto in the 2022 General Election petition.

    He has also represented Former President Uhuru Kenyatta in the 2013 and 2017 Presidential petitions.

    Ongoya on his part is remembered as one of the top legal minds who mounted a spirited fight that killed the Building Bridges Initiative that went all the way to the Supreme Court of Kenya.

    He was the lead counsel of Meru Governor Kawira Mwangaza in the last two impeachment motions at the Senate Assembly.

    He successfully represented Mwangaza in the first impeachment in which Mwangaza won after Senators voted to keep him in office.

    In the second impeachment, however, Senators voted to remove the governor from office, which is currently pending in court after her lawyers secured orders staying the Senate verdict.