Duale Advises Mungatana on DP Gachagua Impeachment Motion

A brewing political storm surrounding the censure motion against Deputy President Rigathi Gachagua has taken another turn, as former Majority Leader Aden Duale has stepped forward to criticize the move by Senator Danson Mungatana.

The former lawmaker in a strongly-worded statement, reminded the Senator of the constitutional provisions surrounding the impeachment of a Deputy President, arguing that the motion initiated in the Senate is procedurally flawed.

Referencing Article 150 of the Constitution, Duale pointed out that a motion for the impeachment of the Deputy President can only originate in the National Assembly, not the Senate.

According to the constitution, the process must follow these steps:

1. Initiation in the National Assembly:

A member of the National Assembly must first introduce the motion, which requires the support of at least one-third of the members of the House (117 Members).

2. Vote in the National Assembly:

For the motion to pass, it must be supported by 233 Members (a two-thirds majority) in the National Assembly.

3. Senate Consideration:

Only after being passed in the National Assembly does the motion proceed to the Senate. Here, the Senate can either constitute a special committee to investigate the charges or deliberate as a full House. If two-thirds of the Senators vote in favor of the charges, the Deputy President shall be deemed impeached.

The former Garissa Township MP stressed that the Senate cannot initiate the process, as laid out in the constitution.

Moreover, the process can only be spearheaded by a member of the National Assembly, a point that he emphasized as a critical oversight in Senator Mungatana’s approach.

This statement comes amidst growing debate over Senator Mungatana’s motion, which, while not an impeachment attempt, seeks to censure the Deputy President for alleged public misconduct and divisive statements.

However, with the clarification from the former Majority Leader, many political observers now view the motion as legally flawed. 

Duale advised Mungatana to consult the Constitution before proceeding with such actions, and citing his own experience as a former Majority Leader.

“Free advice,” he said, “as a former Majority Leader.”

Mungatana’s motion has stirred significant debate in the Senate and across the political landscape, with civil society groups weighing in and demanding accountability.