A motion to form an 11-member committee to hear the charges against Gachagua failed to be seconded in the Senate.
The Senate is set to hear the impeachment motion against Deputy President Rigathi Gachagua on Wednesday and Thursday next week, and his fate will be decided in plenary.
The decision was made on Wednesday, October 9 during a special Senate session, convened to hear charges for the proposed removal from office, by impeachment, of Gachagua. This marks the first-ever impeachment proceeding against a sitting Deputy President in Kenya’s history.
A motion to form an 11-member committee to hear the charges against Gachagua failed to be seconded in the Senate. Senate Majority Leader Aaron Cheruiyot tabled the motion and invited Nairobi Senator Edwin Sifuna to second it, but he declined.
“This is a matter that is very unique and has elicited public attention. Therefore, given the mood of the House especially on the minority side, I respectfully decline to second that motion,” Sifuna remarked.
Inside the Kenyan Senate Chambers. /SENATE KENYA
Following this, Senate Speaker Amason Kingi directed that the matter be heard in plenary and asked the senate clerk to send invitations to the deputy president and the National Assembly.
“The motion having been deemed to be withdrawn pursuant to Standing Orders 71, the proposal for a special committee is defeated. The senate will therefore proceed with the investigation on the proposed removal from office by impeachment of Rigathi Gachagua in plenary.
“In line with the schedule of activities for the impeachment hearing in plenary, I hereby give the following directions: The clerk to issue invitations to appear to the deputy president today. The clerk is to issue invitations to appear at the National Assembly today. The parties are to file their responses with the office of the clerk of the Senate by Monday, October 14, by 5 p.m. The clerk to circulate documents received from the parties, including the plenary hearing program, to all senators upon receipt on October 14. The senate shall then investigate the matter in plenary on Wednesday, October 16, and Thursday, October 17,” Kingi stated.
By going the plenary way, the Senate is seeking to ensure that all voices are heard and that the process is transparent. Instead of delegating the investigation to a committee, all Senators will now have the opportunity to participate fully in the debate.
The plenary will mean that Gachagua will face all Senators and will have to fight even harder to defend himself after 281 Members of the National Assembly voted to impeach him 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.
The Senate presents a tougher challenge as, compared to the National Assembly, the mover of the motion MP Mwengi Mutuse will have the opportunity to call witnesses and introduce more evidence against Gachagua. The country’s second in command can cross-examine the witnesses, and introduce evidence to impeach their testimony.
Gachagua will also be free to call any witnesses to either impeach or make his case against the 11 charges staring at him. In the Senate, when it comes to voting, Senators will vote on each and every charge separately, and should they find him guilty of even one, they will uphold the impeachment from the National Assembly.
Simply put, 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.
If the decision of the Senate goes against him, Gachagua can head to the courts, and this process may drag the matter along. With just three years left to the Kenya Kwanza administration, the political restructuring could force President William Ruto to rethink his 2027 strategy.
Deputy President Rigathi Gachagua accompanied the President on a three-day tour of Kisii and Nyamira Counties. /RIGATHI GACHAGUA
