Deputy President Rigathi Gachagua impeached

Kenya’s Deputy President Rigathi Gachagua lost his seat after being impeached by the Senate on Thursday night.

This is after at least 53 senators voted to uphold the first charge.

At least five of the 11 charges were upheld.

He becomes the first deputy president to be impeached in Kenya’s history.

At least 53 senators have voted to uphold the first charge.

The motion of impeachment was tabled by Kibwezi West MP Mwengi Mutuse in the National Assembly last week.
A total of 281 MPs voted in favour of the ouster motion against 44 who voted to save his young political career from sudden death.

Officials said security seconded to Gachagua was immediately scaled down.

He had been admitted to hospital abandoning the senate proceedings.

The second ground of gross violation of Articles 147 and 152 of the Constitution was supported by 28 Senators and opposed by 39.

The third ground of gross violation of Articles 6, 10, 74, 186 and 189 of the Constitution on undermining devolution was backed by 18 legislators against 45 who opposed it.

The fourth ground of gross violation of Article 160 of the Constitution on undermining the institutional and decisional independence of the Judiciary was supported by 51 Senators while 16 voted against it

The fifth ground of gross violation of Articles 3 and 148 of the Constitution on breach of oath of office and allegiance was supported by 49 Senators while 16 voted against it; two legislators abstained from the vote.

The sixth ground of reasons to believe that Gachagua has committed crimes under Sections 13 (1) (a) and 62 of the National Cohesion and Integration Act was supported by 48 Senators while 18 voted against it and one abstained.

The seventh ground on reasons to believe Gachagua has committed crimes under Sections 45 (1), 46, 47a (3), and 48 (1) of the Anti-Corruption and Economic Crimes Act and Sections 2, 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act was supported by 14 Senators while 52 voted against it and one abstained.

The eighth ground on reasons to believe that Gachagua has committed crimes under Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act was supported by 27 Senators while 40 voted against it.

Ground nine on gross misconduct touching on public attacks on the National Intelligence Service and its officers was supported by 46 Senators while 20 voted against it and one abstained.

Ground ten on gross misconduct touching on insubordination was backed by 22 Senators and opposed by 45 others.

The final ground on gross misconduct touching on bullying was supported by 18 Senators and opposed by 47 while two others abstained.

“Pursuant to Articles 145, 7 and 151 (b) and 2 of the Constitution, and Standing Orders 78 (8) of the Senate, the Senate has removed from office by impeachment Rigathi Gachagua, the Deputy President of the Republic of Kenya. Accordingly, Rigathi Gachagua ceases to hold office,” declared Speaker Amason Kingi.

The Senate had ruled to continue with the process despite him being declared sick.

Gachagua had driven to Karen Hospital on Thursday after the impeachment session broke for lunch and did not return. He was expected to take the witness stand.

In an unexpected turn of events, lawyers representing Gachagua at the session walked out of the House moments after Senators rejected a motion that sought to push the impeachment hearings to Saturday.

“Arising from the decision of the Senate, we as the legal team representing the Deputy President are not able to continue appearing without instructions. We therefore take our leave,” said Senior Counsel Paul Muite, representing Gachagua.

Senate Majority Leader Aaaron Cheruiyot had moved a motion of adjournment of the trial to Saturday to allow Gachagua time to recover and avail himself before the House and present his defence against the impeachment grounds.

The motion was seconded by Minority Leader Stewart Madzayo, but during the voting by acclamation, the House overwhelmingly rejected the proposed adjournment, forcing the Speaker to allow the hearings to continue.

“Today at midnight, marks the end of the hearing of the Senate impeachment matter. As this process is time-bound by the Constitution to be concluded in not more than 10 days pursuant to Article 145 as read with Article 150, and noting that the period provided for ends on Saturday, October 19, 2024, the only window open to the Senate if so obliged the request for adjournment sought by the Counsel for the Deputy President would be to gazette Saturday, October 19, 2024 as a further and final day for hearing of this matter,” Speaker Kingi said.

“Such a request is not made to the Speaker but to the Senate and is accordingly a matter of the Senate to determine. To facilitate this decision, I direct the Clerk of the Senate to circulate a supplementary order paper in cooperation with a notice of motion and a motion for adjournment sought.

This being a procedural matter, the motion if carried would result in the Speaker gazetting Saturday as a sitting day to conclude the hearing and determination of the matter.”

“If the motion is not carried, the decision of the Senate will be this hearing continues to a conclusion in the manner provided under rule 12. In such event, the hearing would continue with the parties moving to make their closing statement,” he said.

The motion was tabled after the legal team representing DP Gachagua sought five more days to commence the hearing on Tuesday next week.

This after DP Gachagua was taken ill after suffering intense chest pains and being rushed to the Karen Hospital for treatment. This meant the senators would vote on the motion.

Security was heightened at the hospital with more police officers being deployed there following his admission.

Some patients said they were questioned as they visited the facility and security had been enhanced.
Other reports showed the DP had moved his personal belongings from his official residence in Karen to the private on