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Rigathi Gachagua
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D-Day: DP Gachagua's 10-hour date with destiny is here

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Deputy President Rigathi Gachagua.

Photo credit: File | Nation Media Group

Deputy President Rigathi Gachagua faces a more than 10-hour battle for survival in the Senate as he seeks to capitalise on the widening political divide within Kenya Kwanza and Azimio, setting the stage for a bruising fight to stay in office.   

The embattled DP will face his accusers in the Senate as he fights 11 charges brought against him in a bid to remove him from office through impeachment.

The second-in-command, who has remained defiant despite the political wave he faces, has expressed confidence that "the will of the people cannot be overturned by a few individuals".

But after suffering a stinging defeat in the National Assembly when 282 MPs voted against 44 to impeach him, the former Mathira MP is hoping to take advantage of a divided Senate to rally at least 23 senators to his side and defeat the impeachment motion hanging ominously over his head.

Relying on his Mt Kenya support base and sympathy votes from opposition senators disgruntled by the government's handling of the issue, the 59-year-old is hoping the political nature of the push to remove him from office will win him new friends.

With the Senate proving to be a House averse to party positions, judging by its handling of the impeachment of Kericho Governor Erick Mutai, where senators voted independently, the DP is trying to turn the tide in his favour.

In the Senate, the DP needs at least 23 senators to survive the ignominy of being the first DP to be sent home since the promulgation of the new constitution.

Buoyed by a fallout within the Kenya Kwanza fold as well as public support from Wiper leader Kalonzo Musyoka, the stakes appear to be in the former Mathira MP's favour, judging by the votes of the party's MPs in the National Assembly.

They, however, need more than this to save their man.

Mr Gachagua has managed to win over a number of senators who have been vocal in their support for him.

They include Kirinyaga Senator James Murango, his Kiambu counterpart Karungo Thang'wa, Joe Nyutu (Murang'a) and John Methu (Nyandarua).

He is also counting on the support of four Wiper senators, including Agnes Kavindu of Machakos, Dan Maanzo (Makueni), Enoch Wambua (Kitui), as well as nominated senator Shakila Abdalla, who is the Wiper secretary general.

On Monday, Imenti Central MP Moses Kirima dropped a bombshell when he revealed that MPs from the region voted to impeach Mr Gachagua in the belief that he would be replaced by the Interior Cabinet Secretary Kithure Kindiki.

But he lamented that lobbying for the DP position had intensified in the corridors of Parliament as different factions pushed for one of their own, signalling a change of heart that could see the region voting as a bloc to protect "one of their own".

"When we were asked to sign in support of the impeachment motion, only Prof Kindiki was mentioned as the next Deputy President. After we decided to impeach DP Gachagua, every community is now lobbying for the DP seat," said Mr Kirima.

A number of MPs from the region who signed the motion have also tried to disassociate themselves from the impeachment as the ground turns hostile.

The development comes after Mr Gachagua managed to turn the impeachment into a duel between President William Ruto and the people who voted for the Kenya Kwanza government, claiming that he was being targeted because of his stand on various government issues.

As the rift between the President and his deputy widened, the Head of State skipped a church service in Embu on Sunday, an event attended by the DP, even as residents of the Mt Kenya region have gone wild against any of their leaders who appear to support the impeachment.

In a two-pronged attack, the DP has also turned to the judiciary in an attempt to prevent the Senate from acting on the National Assembly's resolution endorsing his impeachment.

A total of 29 petitions have been filed in court to block the Senate trial, but it appears the proceedings will go ahead barring a last-minute ruling.

This comes as Chief Justice Martha Koome has also appointed a three-judge bench to hear six petitions challenging Mr Gachagua's impeachment.

Armed with an eloquence of lawyers led by Senior Counsel Paul Muite, Mr Gachagua will be hoping to successfully tear into the 11 grounds for his proposed removal from office.

On Wednesday, Kibwezi West MP Mwengi Mutuse, the sponsor of the impeachment motion, and the National Assembly, which voted to remove him last week, will lay out their case against the DP from noon.

The Assembly will present evidence and witnesses until 4.30pm, paving the way for the DP's lawyers to cross-examine and re-examine the Assembly for two hours until 6.30pm.

Senators will then have one hour to ask questions and seek clarification before the first day ends.

MP Mutuse and the National Assembly have lined up Nairobi Governor Johnson Sakaja, Cabinet Secretary Mercy Wanjau and former acting Kemsa CEO Andrew Mulwa as their key witnesses.

Mr Gachagua faces 11 charges, including opposing the Cabinet-approved evacuation of residents living within 30 metres of the Nairobi River, thereby undermining government policy and the collective responsibility of the Cabinet.

He is also accused of obstructing the Nairobi County government's plan to relocate Wakulima market traders to Outering Road.

It will be the DP's turn to take the stand on Thursday morning to counter all the charges against him.

Mr Gachagua will present evidence, affidavits and witnesses until 1pm in the case that will begin at 9am.

In his submission to the National Assembly last week, the DP played several video clips to support his defence against the charges.

The former Mathira MP is said to be planning to call several witnesses, but his lawyers remained tight-lipped about their number and identities.

One hour will be devoted to cross-examination and re-examination of witnesses until 3.30pm, before senators have one hour to ask questions or seek clarification.

The next two hours will be devoted to closing statements from both parties before the floor is opened for debate from 6.30pm.
The debate, which is expected to be stormy and marked by vicious exchanges, will last until 8.30pm and culminate in the voting session.

Mr Gachagua will be deemed removed from office if at least 45 of the 67 senators vote to uphold any of the 11 charges against him.

Meanwhile, lobbying for the DP's position has only intensified, with Muranga Governor Irungu Kang'ata hosting a group of MPs on Tuesday.

Governor Kang'ata chaired the meeting at the United Kenya Club in Nairobi, which lasted about an hour and was attended by about 20 MPs from across the country.

While the agenda of the meeting was kept under wraps, the timing is raising eyebrows as it comes amid speculation that the governor could be among the frontrunners to replace the embattled DP.

National Assembly Majority Whip Silvanus Osoro defended the meeting as a normal get-together of old friends who served with the governor in the last parliament when he was one of them.

However, he hinted that Governor Kang'ata had risen through the ranks in his political journey and therefore deserved to be celebrated.

"He has risen from a councillor to a member of parliament, senator and now governor. We occasionally have such meetings with progressive leaders to share their leadership experiences and how they managed to get to that level," said Mr Osoro.

The vocal South Mugirango legislator claimed that Governor Kang'ata is one of the best performing governors in the country and that the people of Muranga are enjoying his services.

"We have challenged him that if there is a way for him to spread his wisdom across the country through whatever channel he uses, we don't mind," said Mr Osoro.

Apart from Governor Kang'ata, other leaders including his Kirinyaga counterpart Anne Waiguru have shown interest in the seat, which is likely to go to Mt Kenya.

Mr Kindiki is also the favourite to replace Mr Gachagua if the Senate upholds the National Assembly's decision.

Prof Kindiki was recently appointed Speaker for the Mt Kenya region, a move supported by more than 30 MPs, including the Majority Leader in the National Assembly, Kimani Ichung’wah.