The road to kicking out Gachagua, potentially the first time in the history of the Republic of Kenya, began following the introduction of a Special Motion by Kibwezi West MP Mwengi Mutuse.
With 281 members of the National Assembly voting to impeach Deputy President Rigathi Gachagua, the majority of the entire August House, the second in command will hope that the Senate has mercy on him.
Only 44 voted to save the embattled DP on Tuesday, October 8. The road to kicking out Gachagua, potentially the first time in the history of the Republic of Kenya, began following the introduction of a Special Motion by Kibwezi West MP Mwengi Mutuse.
It outlined 11 charges against the Deputy President, including gross violation of the Constitution, undermining the President and the Cabinet, undermining Devolution, and compromising judicial independence by publicly attacking a judge.
With the number of MPs sailing well above the required threshold of 233, Gachagua was powerless to save himself from a motion which he has claimed multiple times was politically turned into a weapon against him by his enemies in government and that the charges were too wild to warrant an impeachment.
DP Rigathi Gachagua addressing residents on September 28, 2024. /DPPS
Gachagua’s impeachment process is not yet complete as more than two-thirds of the National Assembly will be looking at the Senate with a bombastic side-eye.
The approval has now paved the way for the motion to transition to the Senate – which now holds the key to the DP’s fate.
Immediately after the impeachment, National Assembly Speaker Moses Wetangula directed the clerk to prepare the necessary documentation and present it to Senate Speaker Amason Kingi, who already hinted at the Senate’s readiness to handle the matter earlier today noting, “The Senate, being the trial chamber, will be sitting as a quasi-judicial body to hear and determine the Deputy President’s matter.”
When the motion has been passed by two-thirds (233) of all members of the National Assembly, the Speaker shall inform the Speaker of the Senate of that resolution within two days. Once the National Assembly speaker forwards the House resolutions to his Senate counterpart, senators will seek to substantiate the charges or reject them as per Standing Order 79.
“Upon receipt of a resolution of the National Assembly on the removal of the Deputy President in terms of Article 150 (1) (b) of the Constitution, Standing Order 78 (Procedure for removal of President by impeachment) shall, with necessary modifications, apply,” said the Standing Order.
“The Special Committee appointed under Article 145(3)(b) of the Constitution shall—(a) investigate the matter; and (b) report to the Senate within 10 days whether it finds the particulars of the allegations against the President to have been substantiated,” reads Standing Order 78.
“Members of the Special Committee shall take an Oath or Affirmation, as may be prescribed by the Speaker, submitting that they will perform their duties honestly and with due diligence. The President (in this case DP) shall have the right to appear and be represented before the Special Committee during its investigations.”
The Special Committee may hear representations from the member who moved the motion in the National Assembly and other members of the National Assembly. “If the Special Committee reports that the particulars of any allegation against the President (DP)—have not been substantiated, further proceedings shall not be taken…in respect of that allegation; or have been substantiated, the Senate shall, after according the DP an opportunity to be heard, vote on the impeachment charges.”
Also, “The Senate shall vote on each impeachment charge of the Motion. (8) If at least two-thirds of all the Senators vote to uphold any impeachment charge, the Deputy President shall cease to hold office. The Senate or a Special Committee of the Senate shall conduct the investigation into the matter in accordance with the rules of procedure prescribed under the Second Schedule to these Standing Orders.”
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the DP shall cease to hold office.
Yes, if Senators vote to uphold ANY of the 11 impeachment charges against Gachagua, he WILL cease to hold office, something he cannot afford to entertain as this would mean the end of his political career.
As per the Constitution, an impeached public officer is ineligible to hold public office in the future, and the individual will also lose his retirement perks.
Inside the Kenyan Senate Chambers. /SENATE KENYA