Senate Impeaches DP Rigathi Gachagua, Who Is In Hospital
He makes history as the first sitting Deputy President of the Republic of Kenya to be impeached by both the Senate and the National Assembly.
Deputy President Rigathi Gachagua has been impeached by the Senate. This is despite being admitted at the Karen Hospital in Nairobi, in stable condition.
During the voting process, 53 lawmakers voted in favour of Gachagua's impeachment over gross violation of the Constitution while 13 voted against his ouster. This is in honour of regulations that indicate that if at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the DP shall cease to hold office.
However, 45 senators voted to rescue Gachagua from impeachment over the accusation that he violated the Fourth Schedule to the Constitution by undermining devolution. Only 19 approved the impeachment while 3 abstained.
With his official impeachment, he makes history as the first sitting Deputy President of the Republic of Kenya to be impeached by both the Senate and the National Assembly.
Deputy President Rigathi Gachagua speaking at the National Prayer Altar at the Official Residence in Karen on October 6, 2024. /DPPS
"Now Honourable Senators, pursuant to articles 145 and 150 of the constitution, the Senate has resolved to remove from office by impeachment, Rigathi Gachagua, the Deputy President of the Republic of Kenya. Accordingly, he ceases to hold office," announced Senate Speaker, Amason Kingi.
Grounds in Which Gachagua Was Impeached
- Ground 1 - Shareholding remarks
- Ground 4 - Undermining the Independence of Judges
- Ground 5 - National Cohesion & Integrity Act
- Ground 6 - Crimes under the National Cohesion Act
- Ground 9 - Gross Misconduct by publicly attacking the NIS
Gachagua's impeachment followed the Senate's resolve to continue with the impeachment hearing despite a request by the deputy president's legal team for the adjournment of the hearing to October 22.
This is in light of the embattled second-in-command confirmed to have suffered severe chest pains that prompted him to seek medical attention.
“The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick and as I address Mr Speaker and this House, he is in the hospital. That is the sad reality," Muite informed the plenary.
The news of Gachagua's illness immediately sent the Senate into an abyss of confusion. Earlier, Gachagua was reported to be missing during the plenary session.
The Deputy President's legal team was forced to raise concerns at the Speaker of the Senate, requesting more time for them to look for the deputy president who was nowhere to be found. The Senators hearing the proceedings requested for Speaker Amason Kingi to adjourn the proceedings until Gachagua was located. As a result, Speaker Kingi adjourned the proceedings momentarily.
Speaker Kingi, however, left the decision to the Senators in the house, saying such a decision was typically supposed to be made to the Senate, not the Speaker. The Senators in turn dismissed the request and vowed to push on with the proceedings, a move which prompted Gachagua's lawyers to walk out as the proceedings continued.
"Mr Speaker, through you, let me recognise the right of this Honourable Senate to decide any issue put to it democratically which Mr. Speaker is what has happened," Muite stated, adding "Arising for that decision of this Honourable Senate, was the legal team representing the DP are not able to continue appearing without instructions. We humbly and with a lot of requests take your leave Mr Speaker and the leave of this honourable house."
Following the deputy president's legal team's decision to walk out, Speaker Kingi permitted the representatives from the National Assembly to deliver their closing statements in Gachagua’s impeachment trial. The Senate then adjourned for thirty minutes after which a voting exercise was conducted.
In their presentation, the National Assembly's representatives led by Rarieda lawmaker Oteinde Amollo accused the DP of breaching the National Cohesion and Integration Commission (NCIC) Act.
"He (DP Gachagua) talked about sharing positions in coalition and not in government, and to try and mislead this house makes it an aggravation of a rule, and I invite you, Mr Speaker to find that there was a breach of this. We were shown a clip of the deputy president saying he had no apology," lawyer Otiende Amollo argued.
281 members of the National Assembly voted to impeach Gachagua, the majority of the entire August House. Only 44 voted to save the embattled DP on Tuesday, October 8. The road to kicking out Gachagua 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.