Senate Gazettes Rigathi Gachagua’s Removal As DP

At breakneck speed, Senate Speaker Amason Kingi has gazetted the removal of office, by impeachment, of Deputy President Rigathi Gachagua. 

This officially informs members of the public that Gachagua is now a former Deputy President. It follows his earlier communication to Senators regarding the impeachment of the second-in-command.

Read an excerpt of the Gazette Notice:

IT IS notified for the information of the general public:

THAT pursuant to Article 150 (1) (b) and (2) of the Constitution, as read together with Article 145 (2) of the Constitution, on Tuesday, 8th October, 2024, the National Assembly approved a motion to remove from office, by impeachment. His Excellency Rigathi Gachagua, E.G.H., Deputy President of the Republic of Kenya:

AND that by a message, dated the 8th October, 2024 and received in the Office of the Speaker of the Senate on Wednesday, 9th October, 2024, the Speaker of the National Assembly informed the Speaker of the Senate of the approval of the motion by the National Assembly and further forwarded to the Speaker of the Senate documents in evidence of the proceedings of the National Assembly:

A copy of the Gazette Notice dated October 17, 2024. /KENYA GAZETTE

AND FURTHER THAT pursuant to Article 145 (3) of the Constitution and standing order 78 (1) of the Senate Standing Orders, the Senate, at a sitting held on Wednesday, 9th October, 2024, resolved to investigate the proposed removal from office, by impeachment, of His Excellency Rigathi Gachagua, E.G.H., Deputy President of the Republic of Kenya, in plenary:

AND THAT pursuant to Articles 145 (7) and 150 (1) (b) and (2) of the Constitution and Standing Order 78 (8) of the Senate Standing Orders, on Thursday, 17th October, 2024, the Senate resolved to remove from office, by impeachment, His Excellency Rigathi Gachagua, E.G.H., Deputy President of the Republic of Kenya 

Gachagua was ousted on the grounds of (as depicted by the Gazette notice):

1. Gross violation of Articles 10 (2) (a), (b) and (c); 27 (4), 73 (1) (a) and (2) (b); 75 (1) (c), and 129 (2) of the Constitution and Article 147 (1), as read together with Article 131 (2) (c) and (d) of the Constitution;

2. Gross violation of Article 160 (1) of the Constitution on the Institutional and Decisional Independence of Judges;

3. Gross violation of Articles 3 (1) and 148 (5) (a) of the Constitution on the fidelity to the Oath of Office and Allegiance;

4. Serious reasons to believe that H.E. the Deputy President has committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act; and

5. Gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President and a member of the Cabinet and the National Security Council. Gachagua was also accused of publicly attacking and undermining the work of the National Security Intelligence Service (now NIS) and its Officers.

During the voting process, 53 lawmakers voted in favour of Gachagua’s impeachment over gross violation of the Constitution while 13 voted against his ouster. This is in honour of regulations that indicate that 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.

However, 45 senators voted to rescue Gachagua from impeachment over the accusation that he violated the Fourth Schedule to the Constitution by undermining devolution. Only 19 approved the impeachment while 3 abstained.

“Now Honourable Senators, pursuant to articles 145 and 150 of the constitution, the Senate has resolved to remove from office by impeachment, Rigathi Gachagua, the Deputy President of the Republic of Kenya. Accordingly, he ceases to hold office,” announced Senate Speaker, Amason Kingi.

With his official impeachment, he makes history as the first sitting Deputy President of the Republic of Kenya to be impeached by both the Senate and the National Assembly.

Gachagua’s impeachment followed the Senate’s resolve to continue with the impeachment hearing despite a request by the deputy president’s legal team for the adjournment of the hearing to October 22. This is in light of the embattled second-in-command confirmed to have suffered severe chest pains that prompted him to seek medical attention.

Deputy President Rigathi Gachagua at Parliament on October 17, 2024. /PARLIAMENT KENYA