Motion Filed In Senate To Reprimand Gachagua

Tana River Senator Danson Mungatana has filed a motion before the Senate against Deputy President Rigathi Gachagua, amidst growing rumours of a solid plan in the works to impeach him.

Mungatana, popularly referred to as the crocodile eater, filed a censure motion against the second-in-command over what he termed as unacceptable conduct.

A censure motion expresses disapproval or condemnation of specific actions or policies, which can apply to the government or an individual minister.

The power to censure and its consequence is, however, not directly stated in the Constitution of Kenya. Therefore, even if Gachagua is censured, the President is under no obligation to fire him or her.

Tana River Senator, Danson Mungatana during a past address. /FACEBOOK

In most cases, censure serves as an official record of disapproval but does not carry the same weight as a no-confidence motion. A censured politician can still remain in office despite the rebuke.

According to the notice of the motion moved by Senator Mungatana, the deputy president has a constitutional obligation to adhere to the general leadership and integrity code for state officers. 

"Article 260 of the Constitution of Kenya categorizes the Deputy President as a State Officer whose conduct and behaviour shall abide by the provisions of Article 75 of the Constitution of Kenya and the general leadership and integrity code for state officers, contained in the Leadership and Integrity Act," read the notice of the motion in part.

"FURTHER AWARE THAT pursuant to Article 147 of the Constitution, the holder of the Office of the Deputy President is the principal assistant to the President making the Office a symbol of national unity whose holder must at all times respect, uphold and safeguard the Constitution; promote and enhance the unity of the Nation; and promote respect for the diversity of the people and communities of Kenya."

Mungatana further expressed concern that Gachagua on several occasions since his assumption to the Office of Deputy President, has made utterances, among others, regarding employment opportunities to Kenyans in the public service; allocation of resources to the devolved units; and incitement of a section of Kenyans to disobey lawful directives by some county governments.

The senator was also concerned regarding Gachagua's utterances, viewed to have not only marginalized sections of Kenyans but also created and continues to heighten tension among different ethnic communities in Kenya and portrays the conduct of Gachagua as being in contravention of the provisions of Article 75 of the Constitution and "are against the national values and principles of governance espoused in Article 10(2) of the Constitution; and demean the high office of the Deputy President of the Republic."

"NOW THEREFORE the Senate, pursuant to Standing Order 101(1), expresses its displeasure and disappointment with the conduct of Hon. Rigathi Gachagua, E.G.H., as the Deputy President of Kenya and censures him," added the motion.

This comes a day after Gachagua urged President William Ruto to ignore betrayal politics within the United Democratic Alliance (UDA) party, warning of consequences regarding the Mt Kenya region's support for him.

Speaking at a church service at Pentecostal Evangelistic Fellowship of Africa (PEFA) Church in Thika Town, Kiambu County, the DP warned his boss that he risks losing the trust of the Mt Kenya people which he argues cannot be amended if broken.

“Our people hate betrayal and they are very unforgiving if you betray them. I ask my brother not to be tempted to go in that direction because these people will be very unforgiving,” Gachagua asserted. 

Gachagua also urged President Ruto to ensure his critics do not humiliate him, in a push for the President to put his house in order.

"Ruto made one promise which does not require any funding, it does not require IMF or the World Bank. He promised that under his watch he would not allow his deputy to be humiliated. If he cannot keep that one promise, then there is no other thing people can trust him with," Gachagua said. 

He further reminded the president that there was an attempt to betray him in the former regime but the people stood with him to express their displeasure of betrayal.