EP 35: Rigathi Gachagua Under Siege

By Marvin Chege

Welcome to another blockbuster episode of Spill The Tea, in which former Deputy President Rigathi Gachagua fears for his life.

But first, Busia Senator Okiya Omtatah has set his sights higher...way higher. Plus, why are some certain senators so determined to stop the Independent Electoral and Boundaries Commission (IEBC) from carrying out one of its most important mandates?

On Episode 35:

1. Is Gachagua Safe Anymore?
2. Omtatah’s 2027 Presidential Bid
3. Don't Block IEBC From Livestreaming Presidential Election Results [EXPERT INTERVIEW]

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Is Gachagua Safe Anymore?

We begin with this...former Deputy President Rigathi Gachagua feels that he isn't safe anymore. He was forced to scamper for safety after chaos ensued during a burial ceremony in Limuru, Kiambu County on Thursday, November 28, which he attended.

The ceremony went on as usual as former Limuru Member of Parliament (MP) Peter Mwathi was giving his remarks. However, his mic went off, which was followed by a vigorous shaking of the tent where the former DP was seated alongside his close political allies including Kiambu Senator Karungo Wa Thang'wa.

Gachagua and other politicians were captured in a video seated at one of the tents designated for senior congregants.?However, just before the former DP could be invited to address the crowd, a group of locals began rattling the tent, a moment that prompted those inside to rush out in fear for their lives.

The congregants were recorded scampering for safety as a group of rivalling pacts engaged in heated wrangles that led to the destruction of furniture including chairs.

During the incident, Gachagua's car was destroyed with footage of the scene showing the former DP's black Toyota Land Cruiser's rear window smashed. According to reports, several people also sustained critical injuries with the photos of the event further showing plastic chairs scattered on the ground. However, the cause of the drama was not immediately established.

Gachagua Allies Complain To DCI

Following this, leaders allied to Gachagua on Thursday evening visited the Directorate of Criminal Investigations (DCI) headquarters on Kiambu Road in a bid to demand a quick probe into the chaos.

Kiambu Senator Karungo wa Thang’wa and his Nyandarua counterpart John Methu said the chaos was a direct attempt on the life of the former DP, further that ex-Limuru Member of Parliament Peter Mwathi was abducted by police officers in the process.

According to Thang’wa, the violence was orchestrated by hundreds of goons ferried from neighbouring constituencies by agents of the State to harm Gachagua. He went ahead to state that, upon their arrival at the DCI, they were turned away without as much as being given a listening ear.

“We came here to demand swift investigations of what transpired today in Limuru Constituency where an attempt on the life of Gachagua was carried out by hired goons by the government. Because we truly believe it was a well-planned incident, and the reason why we’re saying that is because there were some 200-300 goons from different areas of this country, not necessarily from Limuru, that attacked Gachagua,” said Thang’wa.

“We also came here because we wanted to find the whereabouts of the former MP for Limuru Peter Mwathi because he was abducted by men in Subarus, and we know DCI does that. So we came here to find out where they took him. We have not been given any information, they actually never listened to us. The Director of Investigations told us he could not listen to us and walked away.”

Senator Methu, on the other hand, said he had spoken to Gachagua after the incident, noting that the former DP barely escaped the scene with his life. He went on to condemn the DCI for denying them an audience on the whereabouts of ex-MP Mwathi, adding that the action has rendered his family restless.

“Rigathi Gachagua is lucky to be alive today. He’s still at home, I’ve talked to him and you can feel that he’s not okay. What we would want to say is that if those people who are doing these things want to test our resolve, we’re extremely determined to speak for our nation,” stated Methu.

“The wife of the former Limuru MP is here at night, we have not even been given an audience by the DCI so that they can tell us exactly what or where Mwathi is. She goes home to sleep without knowing exactly where her husband is. The kids are here, they have not had peace.”

Mwathi’s wife Dr. Anne Mungai, on her part, narrated the events leading to her husband allegedly being taken away by police officers. She noted that Mwathi’s vehicle was sandwiched by two Subaru vehicles, leading to him being taken away, as she pleaded with the government to release her husband.

“Mine is just to ask the government to release my husband because he went to a funeral, he has attended many other funerals in Limuru. He has served the people of Limuru diligently and he was abducted by force,” stated Dr. Mungai.

“The vehicle that he had gotten into so that he could get out of the chaos was sandwiched by two Subarus that had no number plates, so definitely that’s the government. So may the government release my husband.”

Police Clarification: The National Police Service (NPS) has since denied that its officers arrested former Limuru Member of Parliament (MP) Peter Mwathi, adding DCI Limuru has commenced investigations into the matter to establish the cause of the chaos and bring the perpetrators to book.

Gachagua Speaks On Attack

Gachagua would later reveal that the government's withdrawal of his security was intent on leaving him vulnerable to the attack against him. In a lengthy statement, he revealed that the goons had approached him while heading to his car and subsequently stoned it and hit it with iron bars.

Below is the full statement:

As Kenyans are well aware earlier this week the government withdrew the final aspects of my security that were in place after the impeachment process we are contesting.?

However, we did not raise an issue with this decision by the government although expectations were that any Kenyan who has served at the level of government that I was privileged to serve at, would be secured by the government even after leaving office.

However, it now looks like the decision to withdraw my security was to leave me exposed to the kind of attack we have witnessed today.

Today I was at a funeral service in Limuru for a young man called Erastus Nduati. While we were preparing to lay the young man to rest, goons attacked us and the other mourners who were present, including children. The gangsters were armed with stones, machetes, iron bars and sticks.?

They descended randomly on mourners present and attacked them using the weapons they had, as well as the plastic seats available. A specific group followed me as I went to my car, which they proceeded to attack with stones and iron bars. We literally drove out of the venue under a hail of rocks!?        

This is a very sad state of affairs and a major low for the state, who were clearly complicit in these actions. We just especially remember the family that had a loved one in a casket, who had to run to safety despite their profound grief.?

We will not be scared away from standing with Kenyans who need us to support them in their moments of need. We just expect such a terrible moment of shame will not be repeated.

Gachagua Not Safe?

Concerns had surfaced regarding Gachagua's safety. On November 20, he claimed that he was being?stalked by security agents in unmarked vehicles?who had pitched camp outside his Nairobi residence.

"Security agents in unmarked cars have been following me wherever I go. They are parking at the entrance of my Nairobi residence, taking note of all my visitors, and they trail me whenever I leave the house, even all the way to my rural home in Nyeri," he announced on his social media pages.

To prove his claim, Gachagua posted a photo of the vehicle, a Toyota Aqua, as well as a copy of records of the motor vehicle derived from the National Transport and Safety Authority (NTSA).

As per his sentiments, the private vehicle on Sunday, November 17 followed him to a church service in Kajiado. The same vehicle was spotted where he went for his late lunch and back at the residence in the capital. Upon perusing the vehicle records, he noticed that the number plates were registered to a lorry.

Gachagua then revealed that he felt the urge to notify Kenyans of the level of harassment he was being subjected to, and demanded that the state leave him alone to enjoy his quiet time as a private citizen.

"This surveillance and intimidation of Kenyans was last witnessed during the era of the dreaded ‘Special Branch’ during the 24 years of Moi's misrule! In this era of extrajudicial killings, forced abductions and disappearances by state agents, I have thought it important to share with Kenyans the harassment and intimidation I am going through, and inform them to hold the state responsible if I am harmed by state agents.

"I request the state to leave me alone! You hounded me out of office, and you should now allow me to enjoy my peace as a private citizen," he appealed.

On November 12, 2024, the Directorate of Criminal Investigations (DCI) came out to deny that detectives in unmarked Subaru vehicles had attempted to block Gachagua from attending a church service in Nairobi. Gachagua has been making public appearances in church services and during special occasions following his?impeachment by the National Assembly and the Senate.

Addressing the press outside Karen Hospital on Sunday, October 20, Gachagua told Kenyans that he didn't feel safe. This is after he revealed that his security was withdrawn while he was admitted to hospital.

Gachagua then disclosed two attempts on his life in Kisumu and Nyeri but noted that they had failed, hence the other solution utilised was an impeachment motion against him which sailed through the National Assembly and the Senate.

"I hear many of his people were calling here asking whether I'm dead, whether I'll survive or recover. They were celebrating. It is the most unfortunate thing that has ever happened in this country that you can be so vicious to a man who helped him to be President," he went on, affirming that his only crime was telling the truth.

Omtatah’s 2027 Presidential Bid

Fearless activist and Busia Senator Okiya Omtatah has vowed to take on President William Ruto in the 2027 polls even as he unveiled a team to spearhead his bid.

On Friday, November 22, he set up a Presidential Exploratory Committee consisting of 10 members including activist Hanifa Adan, to explore his potential candidacy for the 2027 presidential elections, a list that would be made public the following day.

In a gazette notice dated November 22, Omtatah explained that the Committee’s primary objective will be to gather, analyze, evaluate, and act on information on the viability of the Senator’s presidential bid for the August 2027 General Election.

“Pursuant to Article 129, as read together with Article 138 of the Constitution of Kenya, 2010, it is notified for the information of the general public that Andrew Okiya Omtatah Okoiti, the Senator of the Republic of Kenya elected by the great people of Busia County, has established a Presidential Exploratory Committee (the “Committee”),” read the notice in part.

The committee will be led by Mary Kathomi Riungu who will organize the coordination of the Committee’s activities and ensure timely delivery of outputs. She will be deputized by Charles Ole Kabaiku who will also serve as the Diaspora Coordinator. Kabaiku will assist the chairperson in fulfilling her responsibilities and overseeing matters related to the diaspora.

David John Bwakali will serve as the Political and Grassroots Strategist, tasked with offering insights into political trends, and electoral dynamics, and identifying key strategic opportunities.

The committee’s Legal Advisor, Victor Kipng’etich, will ensure compliance with electoral laws and provide legal counsel on matters relevant to the team’s operations.

Adan has been appointed as Public Relations/Media Consultant of the committee who will manage the team’s public image and handle media relations.

Also on the list is Jude Ogulla who will be the analytics lead, conducting opinion polls and surveys to gauge political viability and public sentiment. Purity Ndambuki and Emmanuel Baraka will serve as the Joint Secretaries, responsible for supporting and ensuring the smooth functioning of the committee.

Kevin Migwe Kimwatu will serve as the Committee Spokesperson, while Julius Okara (Eng.) will act as the Patron, providing guidance to the committee.

About the Committee

The Committee shall remain in office for a period not exceeding eighteen (18) months from the date of the publication. However, it shall be dissolved immediately in the event the aspirant formally announces his candidacy or decision not to run.

All activities, assets, and records will be transferred to the appropriate campaign or political entities as directed by the aspirant.?

The Firm Stance

Addressing journalists at his Upper Hill office in Nairobi on Wednesday, Omtatah said he will be on the ballot even if he is a “lone ranger” in the battle to unseat the President.

“It is a fight I’m going to take on so that in 2027, we have a free country,” the lawmaker said.

He said his resolve to unseat Ruto will not be distracted whether he gets the support of other big names in the political arena or not. Ruto has already struck a deal with former Prime Minister Raila Odinga – a lethal force in the country’s politics.

“If like-minded people come, the more the merrier. I am not a loner, but I don’t compromise that’s why at times it appears like I am a loner. I would rather be a loner but have things move. The journey has started,” he said.

The Busia senator, a renowned public litigant, downplayed the heavy cost of running for a presidential seat, saying he would design his campaigns around the people.

“We are not going to design our campaign on money, we will design our campaign on the people,” he said.        

“I saw someone saying I would need Ksh7 billion (to run a successful presidential campaign). If one can spend Ksh7 billion on campaigns then, something is very wrong with this country. Once we establish the link with the people by telling them what our aim to change the country is, then no amount of money can stop the people, ” Omtatah said.

He is among key figures whose names dominated social media as presidential favourites for Gen Zs during their protests in June.

The Cost? Atwoli Called Him Poor, Omtatah Claps Back

Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli, who appeared on Citizen TV during an interview with Jeff Koinange on Wednesday, November 27, called on Omtatah to focus on building alliances with regional leaders and ensuring financial readiness ahead of the 2027 General Election.

He emphasized the importance of collaboration with Western Kenya leaders, such as Prime Cabinet Secretary Musalia Mudavadi and National Assembly Speaker Moses Wetang’ula, to strengthen Omtatah's political base.

“Okiyah must bring the Western leadership together,” said Atwoli. “He must seriously consult people like Amos Wako, move to Bungoma and consult people like Moses Wetang’ula, and look for Mudavadi. From there, let him have a caucus, and we will be able to tell him whether he will be able to make it or not.”

The veteran unionist dismissed reliance on research alone as a basis for political strategy, advocating for a more hands-on, practical approach. Atwoli further stressed the critical role of financial preparedness in any political campaign, advising Omtatah to carry out due diligence on his budget and resources.

“If he came to me, I would tell him, let me see your budget. Are you going to depend on well-wishers, or what do you have as a person? Because when you are emerging for a political position, you must have saved. The world over, nobody wants to be associated with a poor person,” Atwoli remarked.

Omtatah's Clapback: The activist responded on X, saying "Leadership is about vision, integrity, and the will to serve. Ordinary Kenyans, not wealth or privilege, are the backbone of any true movement for change.?We will prove that a people-powered campaign can inspire hope and deliver a better future for all."        

Atwoli expressed confidence in President William Ruto’s re-election in 2027, attributing it to his strategic political appointments and regional support.

Reflecting on Ruto’s victory in 2022, Atwoli warned against underestimating him, noting that Ruto defeated former Prime Minister Raila Odinga despite Odinga’s backing by a sitting president—Uhuru Kenyatta.

Don't Block IEBC From Livestreaming Presidential Election Results [EXPERT INTERVIEW]

In the past three elections or so, the livestreaming of presidential election results by the Independent Electoral and Boundaries Commission (IEBC) has kept Kenyans glued to TV screens and online platforms with each passing hour.

However, a proposal which greeted Kenyans with shock on a Monday morning, November 25 seeks to bar IEBC from live-streaming presidential election results, a moment which has tested the mettle of the country's main electoral body.?

This is according to the Elections (Amendment) Bill, 2024, which seeks to formalise the proposals submitted by the National Dialogue Committee (NADCO) on issues pertaining to electoral matters. Formed in 2023,?NADCO was a bipartisan team?formed following the political standoff between the opposition and the government. The Committee proposed several amendments to the Constitution.?

In the Bill tabled in the Senate by Majority Leader Aaron Cheruiyot and his minority counterpart Stewart Madzayo, there are proposals are made to amend Section 39 of the current Elections Act which required IEBC to live stream the results as announced in the polling stations.

"The Commission shall, to facilitate public information, establish a mechanism for the live-streaming of results as announced at polling stations, and the results so streamed shall be for purposes of public information only and shall not be the basis for a declaration by the Commission," reads the Act in part.

As stipulated under Section 39 of the Elections Act, IEBC is required to livestream results for public information purposes. If the amendment is passed, IEBC will be stripped of that responsibility.?"The new section proposes that results at the polling station shall be final, and the presidential election shall be tallied, announced and declared and electronically transmitted before all other elective positions," read the Bill in part.

"Further, the new section has omitted provisions providing for the requirement for IEBC to establish a mechanism for the live streaming of results as announced at polling stations to facilitate public information."

With the uproar it generated on social media, I reached out to Esther Nyonje , a Millenial Political Risk Analyst, who explains why a proposal like that could ruin the country's democracy as far as general elections are concerned. Below is a transcript of my interview with Nyonje:

One-On-One

Marvin: Elections (Amendment)(No. 2) Bill, 2024 proposes to stop IEBC's live streaming of presidential election results and replace them with electronic transmission to tallying centres. In your view, what do you make of a proposal to have IEBC stop live-streaming presidential election?results?

Esther: For a democratic state like Kenya, this move appears retrogressive, especially as digital media and technology have become instrumental in promoting citizens' rights to freedom of expression and participation in civic processes. Curtailing these rights raises suspicions about the intention of the proposers of the clause, particularly with the upcoming hotly contested 2027 elections.

In this digital democratic era, Kenya should be considering exploiting all the channels to strengthen transparency in electoral processes at all stages, rather than emulate restrictive measures as seen with our neighbours like Uganda when they shut down their internet during elections and campaign periods. The country should draw lessons from stable democracies like the United States, where transparent voting systems have built trust in electoral processes, for instance in the just concluded US presidential elections, where the whole world could follow through with what was happening.

Going by Kenya's history, elections are a highly sensitive matter. Every activity at every stage, from campaigns to voting, carries significant weight. It is only right that any proposed amendments or bills on elections centre on enhancing transparency and accountability in the electoral process.

We are looking toward the future of electronic voting and more efficient electoral systems, proposals that undermine technological advancements and democratic engagement risk taking the nation several steps backwards. The question remains: does this move align with the principles of progress, or does it signal a pullback from the democratic goals Kenya strives?to?achieve?

Worth Noting

A September 1, 2017 ruling by the Supreme Court that threw away the August 8, 2017, general elections put the IEBC in a dilemma in the 2022 polls amidst Kenyans' demands to have it?live-stream the presidential election results?as transmitted to the national tallying centre at the Bomas of Kenya.

Before the judgement, the commission had provided real-time presidential results as they were announced in polling stations across the country. In nullifying the results, the apex court directed the IEBC to conduct fresh general elections in 60 days, while in adherence to the orders.

In compliance with the judgement, the IEBC uploaded the results captured in Form 34As in its live portal which Kenyans and?media houses used to tally results?from 46,229 polling stations across the country.

In the 2016 petition by Maina Kiai, a former chairman of the Kenya National Commission on Human Rights, the Court of Appeal determined that presidential election results at the constituency level as contained in forms 34A are final and the IEBC cannot alter them for whatever reason.

This, therefore, meant that?Kenyans were not able to tell the polling stations yet to submit or transmit presidential results, which pointed to potential irregularities as they could not spot and understand why a polling station was taking more time to transmit results when neighbouring ones did so.

Here are other stories that went viral from our website to your...wherever you were this week:

1. The High Court of Kenya on Monday, November 25 issued conservatory orders suspending immunity and privileges granted to the Bill and Melinda Gates Foundation. In the order, Justice Bahati Mwamuye prohibited the Foundation alongside its officials including directors from enjoying any privileges and immunities under the Privileges and Immunities Act.
2. Kenya has been ranked among the worst-performing countries in Visa openness in Africa this year. This is despite President William Ruto's promise to make Kenya a visa-free country for visiting tourists.
3. The Ethics and Anti-Corruption Commission (EACC) launched investigations into a sensational Ksh2.6 billion fraud scheme which has rocked Jaramogi Oginga Odinga University of Science and Technology (JOOUST) in Bondo, Siaya County. According to EACC Spokesperson Eric Ngumbi, university officials at Jaramogi Oginga Odinga University allegedly colluded with consultants and contractors to defraud the university of the said amount of money in the implementation of six capital projects.
4. Special mention goes to NTV's Ngina Kirori who secured a slot in the prestigious Reuters Institute Journalism Fellowship programme. This is one of the world’s leading schemes for practising, mid-career journalists to take some time out from their day jobs to explore journalism?in depth. Read more here on what it entails.
5. A Kamiti Maximum Prison officer is on the spot over a case whereby 12 prison wardens are believed to be involved in the shocking escape of three inmates serving time for terror-related activities in 2021. The Office of the Directorate of Public Prosecutions (ODPP) on Tuesday, November 26 revealed that the officer was deemed to have a case to answer with regard to the daring prison break. "One of the officers was equally found to have a case to answer for the offence of convening a meeting in support of a terrorist group when he allegedly facilitated the movement of terrorist convicts from Cell number 2 to cell number 6 prior to the prison break," revealed the ODPP in a statement.
6. The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) ordered all medical interns countrywide not to report to work, with immediate effect. At the same time, the union has issued a strike notice set for December this year. KMPDU Secretary General Dr. Davji Atellah, while addressing the press on Wednesday, November 27, called on all medical interns to stay home.
7. A British national is now at the centre of the saga surrounding the abduction of Ugandan opposition leader Kizza Besigye, if sentiments by Besigye's wife, Winnie Byanyima, are anything to go by. Byanyima, who spilled the beans during an interview on Citizen TV's JKLive Show, revealed that Besigye had travelled to Nairobi?in response to an invitation by a friend of his, NARC party leader Martha Karua for the launch of her memoir,?Against The Tide. Read more on how the British national was involved.
8. A visibly agitated President William Ruto on Thursday, November 28 called out 34 government agencies yet to comply with his Presidential directive on onboarding the key services they offer on eCitizen. The Head of State strongly accused the directors of key agencies within his government of undermining government efforts in the digitisation of government services. Full list of companies President Ruto named here
9. More than 400 employees of Standard Group Limited have appealed to members of the public to boycott all products of the media house, urging labour rights organizations, and stakeholders as well to join them in demanding accountability and corporate responsibility from their former employer.?The more-than-a-century-old media giant has been accused of failing to pay redundancy dues and remit statutory contributions to the Kenya Revenue Authority (KRA), National Social Security Fund (NSSF), and staff SACCOs.
10. A section of Nairobi motorists recently cried foul after receiving a unique message ffrom the National Transport and Safety Authority (NTSA) which is part of a silent evolution as far as Kenyan roads are concerned. NTSA began quietly testing a new technology that caught motorists by surprise. This technology, strategically positioned along major highways and urban streets, is?identifying speeding violations?and sending automated text messages directly to vehicle owners.

Bonus: Netflix is set to premiere a new Kenyan drama series Mo-Faya, created and directed by Reuben Odanga, on December 20, 2024. This will mark the first time media personality Catherine Ngarira, popularly known as Cate Rira , will venture into the film industry, having made her name through the radio airwaves. We sought her reaction to the developments and here is what she had to say.

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