Deputy President Rigathi Gachagua delivers his address at the official opening of the 41st International Association of Science Parks and Areas of Innovation World Conference 2024 in Nairobi on September 25, 2024, at The Edge Hotel in Nairobi.
The planned impeachment of Deputy President Rigathi Gachagua is gathering momentum, with some MPs saying that they have appended their signatures in support of the motion.
National Assembly Deputy Majority Leader Owen Baya confirmed last evening that the collection of signatures was ongoing and that the motion would be tabled in due course.
“We have built a watertight case. He will not even get a second chance. His activities over the weekend went too far,” Mr Baya said.
Although he declined to comment on the details of the impeachment motion, he said that once it is properly before the House, MPs will air their views.
“Even those who are with him have expressed their willingness to sign the impeachment motion, arguing that once he is out of office, his powers will be taken away,” the Kilifi North MP said.
He continued: “This is a bipartisan approach with members from across the aisle supporting it. Everyone is saying he must respect the President. Even those who are sympathetic to him have abandoned him, he will only remain with former MPs.”
Another opposition lawmaker said the process was underway and would likely be tabled by Tuesday next week.
“It will be considered next week. The collection of signatures is underway,” the MP said.
A number of MPs have said that the motion will find its way to the floor of the House before President William Ruto, who is currently in New York for the United Nations General Assembly, returns.
The Nation has not been able to independently verify who will be tabling the motion and how many MPs have so far signed the motion.
Sources told the Nation that the charges revolve around violation of the constitution and other laws, gross misconduct and abuse of office, mainly anchored on his public utterances they said amount to alienation of other Kenyans.
According to some MPs aware of the developments, the draft articles of impeachment against Mr Gachagua touch on Articles 73, 75, 79, 129 and 131 of the constitution.
Divisive politics
Some of the DP’s “crimes” that have rattled MPs include his infamous statement in Kericho County last February on shareholding in the Kenya Kwanza government, divisive politics by saying he speaks for Mt Kenya at the expense of other regions, breaching the Official Secrets Act and undermining the collective responsibility of the Cabinet.
He is also accused of failing to honour his office by publicly distancing himself from the Cabinet decision on the controversial Finance Bill 2024. At the time, he said he was listening to the ground, and thus violated the collective responsibility of Cabinet and undermined public confidence in the Cabinet.
His recent interview with Citizen TV is set to be used against him as he is accused of trying to usurp the powers of Parliament by saying that impeaching him would lead to instability in the country.
With the motion in the works, the focus now shifts to the Speaker of the National Assembly and members of the House Business Committee to schedule the matter.
By last night, a majority of legislators that the Nation spoke to remained tight-lipped and asked for patience to allow them to carry out their mandate on the floor of the House.
It also emerged that President Ruto’s allies had convened a meeting at a Nairobi hotel on Tuesday night to discuss a strategy for the impeachment. We established that at least 30 MPs attended the meeting chaired by Senate Majority Leader Aaron Cheruiyot.
“It was agreed that the collection of signatures should begin in earnest, but the mover of the motion and the date are yet to be determined,” a source said.
Kimilili MP Didmus Baraza said that he would be signing in support of the motion, which needs the support of 117 MPs before it is tabled.
National Assembly Deputy Speaker Gladys Shollei is also among those who want the DP shown the door.
“I am putting you on notice Rigathi Gachagua, you will be impeached, I can confirm this to you and I will be in charge of this impeachment,” the Uasin Gishu Woman Rep said at the weekend.
If the MPs carry out their threat, the DP will have to play the numbers game and find at least 118 MPs to deny them the numbers to succeed in the impeachment motion.
Political defence
The DP is reported to have held a meeting with his allies at his official residence in Karen to drum up support to derail the process, but details remain scant.
Mr Gachagua has three options: resigning, mounting a political defence to rally support in Parliament or to negotiate with President Ruto to resolve internal disagreements.
Mr Gachagua has already suggested that President Ruto should call his house to order, which would avert a showdown and cool the rising political temperatures.
Legal experts say that while the impeachment route is no walk in the park, it could have serious political ramifications for the DP if he is removed from office, including ending his political career.
A motion to impeach the DP comes from the National Assembly under Article 150 of the Constitution. The motion must be supported by one-third of the members, which is 117, and then by 233 members of the National Assembly for it to be passed.
If the DP fails to resolve his differences with President Ruto and the Head of State’s camp marshals the required number of MPs, Mr Gachagua could opt to resign to save his political future.
Article 75 (3) of the Kenyan Constitution states that a person who has been removed from office by impeachment or otherwise is disqualified from holding any other public office.
This means that Mr Gachagua is unlikely to be able to seek any elective position, including the presidency in 2027, should he decide to contest it, or even hold public office by appointment.
However, former Law Society of Kenya president Eric Theuri said President Ruto’s political ratings are in free fall and therefore losing the impeachment motion will “puncture his already dwindling political chances”.
“On the other hand, if the Deputy President is successfully impeached, he will not be able to hold public office given the relevant constitutional provisions, so neither of them can afford to lose,” said Mr Theuri.
The impeachment process, he added, “will obviously be challenged in the courts if it succeeds in Parliament”.
“Chances are that it could affect the political careers of those who vote for it, especially if it is stopped by the courts. I also expect the Judiciary to come under immense pressure while dealing with the matter,” said Mr Theuri.
Early resignation
Lawyer Willis Otieno said that an impeached public official like the DP is ineligible to hold any public office, hence an early resignation would save his skin if the opposing camp can muster enough numbers.
“You cannot hold any other public office if you are impeached. You become ineligible to stand for any office or even be appointed to any public office. The Supreme Court confirmed this in the Mike Sonko case,” Mr Otieno said.
He was referring to the case of former Nairobi Governor Sonko, who was impeached and later mounted a spirited battle before the Supreme Court halted his political career.
“In the case of former Kiambu Senator Karungo Thang’wa who was impeached while serving as CEC (county executive committee member), he managed to get clearance from the court and was allowed to contest in the last election where he secured the Senate seat,” Mr Otieno added.
He continued: “So, if Gachagua is removed from office through impeachment, he will never be able to run for president if he wants to. But if he chooses to resign before the trial is over, he’d still qualify.”
Lawyer Richard Onsongo noted that an impeachment motion against the DP can only come from the National Assembly.
“It goes to the Senate after it is supported by more than two-thirds of the members of the National Assembly,” he said.
A censure motion against the DP has been tabled in the Senate by Tana River Senator Danson Mungatana.
Political and governance expert Javas Bigambo argued that the successful impeachment of a State official implies the established and settled fact of violation of the constitution and other laws.
“In this regard, such violation will prohibit and disqualify the offending official from holding public office again. Such a determination in the face of justice must have given the officer concerned the right to be heard and represented,” said Mr Bigambo.
When the Senate and the courts have established the evidence of the offences, the officer in question will suffer the misfortune of not being able to hold public office again, he explained.
For Mr Dismas Mokua, Mr Gachagua’s upward political trajectory could come to an abrupt end in the unlikely event that he is impeached.
“While the probability of impeachment is low under the circumstances, various variables may converge to make impeachment a reality.
“In the event of impeachment, there is a 100 per cent chance that DP Gachagua, his agents, surrogates and supporters will be taken to court. This matter will of course end up in the Supreme Court,” Mr Mokua told the Nation.
