This came after a statement on the same went viral claiming that the Embassy commended Gachagua’s impeachment
13 foreign embassies in Kenya, among them the United States of America (USA) Embassy in Nairobi, issued a clarification of a joint statement by ambassadors and high commissioners to Kenya that claimed to have supported the impeachment of ousted Deputy President Rigathi Gachagua.
This came after a statement on the same went viral claiming that the Embassy commended Gachagua’s impeachment, claiming that it demonstrated Kenya’s steadfast commitment to upholding democratic processes and the rule of law.
“As partners of Kenya, we commend Parliament for its constitutional and transparent handling of the impeachment of former Deputy President Hon. Rigathi Gachagua,” claimed the statement in part.
“While the circumstances of his departure are regrettable, this moment demonstrates Kenya’s steadfast commitment to upholding democratic processes and the rule of law.”
A statement by 13 countries flagged as fake on Thursday, October 24, 2024
The letter went on to allege that in light of concerns raised by some of their security and intelligence agencies, in connection with the evidence tabled in the impeachment motion, a decision has been taken to declare Gachagua persona non grata in the European Union, United Kingdom, United States, and Canada.
“This decision, which includes an immediate travel ban, directly follows the outcomes of the process and is a reflection of the seriousness of the issues raised. We also note that legal and security investigations are ongoing, and we will continue to monitor developments closely,” the letter added.
It further read, “Importantly, this impeachment reaffirms the essential principle of the separation of powers-a cornerstone of democracy. In Kenya’s Constitution, it is the legislature that holds the final word on matters of impeachment.”
“While the Judiciary serves as a critical check to ensure that constitutional and legal processes are followed, it does not and should not interfere with the final decision of the Legislature when it comes to impeachment proceedings.”
Additionally, it stated, “This delineation of roles preserves the integrity and independence of each branch of government, ensuring accountability while respecting institutional boundaries.”
The fake letter also claimed that the embassies and high commissioners stated that Kenya once again demonstrated that strong democracies rely on clear checks and balances while also respecting the autonomy of each institution.
“By exercising its constitutional authority, the National Assembly has fulfilled its mandate, and this sets a powerful precedent across Africa and beyond, underscoring that no individual is above the law,” the flagged letter reads further.
Fact Check
Viral Tea had earlier, and independently, flagged this letter as fake, with the tone of the statement particularly puzzling to us given that it was not synonymous with the reputation of the countries. They also flagged the viral letter as fake.
The fake communique bore 13 flags of foreign countries (11 of which are in Europe). The ambassadors included are from the Canadian High Commission, the Royal Danish Embassy, the Embassy of Finland, the Embassy of the Federal Republic of Germany, the Embassy of Ireland, and the Embassy of the Netherlands.
Others are the Embassy of the Republic of Estonia, the Embassy of Norway, the Embassy of Sweden, the Embassy of Romania, the Embassy of Belgium, the British High Commission, and the Embassy of the United States of America (USA).
Gachagua was impeached by the National Assembly and the Senate after weeks of proceedings. Some of the accusations levelled against Gachagua included undermining government policies and gross violation of the constitution through propagating tribalism among others.
His legal team moved to court to challenge his impeachment, leading to a spirited fight to save his job and his political career. Following a petition by Gachagua’s lawyers, a three-bench judge was appointed to hear it, a bench whose empanelment the legal team raised issues with, but the bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi ruled that the empanelment of the bench by Deputy Chief Justice Philomena Mwilu was legal and Constitutional.
Earlier on October 18, the High Court in Nairobi issued conservatory orders stopping the swearing-in of nominated deputy president Kithure Kindiki until a petition filed by Rigathi Gachagua was heard and determined.
Currently, the country does not have a deputy president as Kindiki has not yet been sworn in pending the conclusion of the case lodged by Gachagua.
US Embassy in Kenya. /FILE
