Deputy President Geoffrey Rigathi Gachagua's family is not new to impeachment motions at the Senate since his late brother, James Nderitu, faced it eight years ago as the Governor of Nyeri.
The late governor, who died of pancreatic cancer on February 24, 2017, had been impeached by 35 of the 47 members of the Nyeri County Assembly on September 2, 2016— earning him a date with the Senate on September 15.
Eight years down the line, his younger brother, Rigathi, is defending himself against impeachment as Kenya’s second-in-command in the House constitutionally recognised as a trial chamber that executes quasi-judicial functions, even though few in it have a legal background.
By the time Mr Nderitu was facing the Senate for his impeachment, he was 62 years old, and Rigathi is now facing the same House aged 59.
While Mr Nderitu was cleared of any wrongdoing, Mr Rigathi's fate appears unclear, with his supporters waiting with bated breath for the outcome once the senators take the vote on Thursday.
The two brothers were born in Hiriga village of Nyeri County to Mr Gachagua Reriani and Martha Kirigo— both Mau Mau freedom fighters in the Mount Kenya forest.
While their father serviced guns for the Mau Mau soldiers, their mother helped in clandestinely feeding them, as well as smuggling arms for them.
According to Nyeri Governor Mutahi Kahiga, "this is a family that was blessed with leadership talents, but as is to be expected, the enemies of that blessing have been afield trying to annihilate it."
Mr Kahiga, on October 16, 2024, told Nation.Africa that "as the current father of Nyeri County, I can swear that there is nothing wrong with Gachagua's family, it's only that its leadership star is being affronted by those who thrive on bringing talents down."
When Nderitu was impeached by his county assembly, Mathari MCA Baragu Mutahi had moved the motion.
As for the Rigathi impeachment, Kibwezi West MP Mwengi Mutuse tabled it on October 1, 2024, raising 11 charges, and 291 MPs, including nearly all lawmakers from the Mt Kenya region, ganged up against the DP.
In a familiar script, Mr. Nderitu had before the impeachment date apologised to the people of Nyeri for allowing the matter to escalate to the point of being a national debate.
Likewise, Mr Rigathi has since apologised to President William Ruto, Parliament, and the people of Kenya for the impeachment process against him, asking to be forgiven.
However, in both apologies, it did not work and the impeachment processes reached the Senate for determination.
On September 15, 2016, Mr Nderitu faced the Senate where it was decided that the accusations against him did not meet the threshold for impeachment.
He had been accused of appointing Alice Wachira as the acting County Secretary despite, according to the MCAs, being inadequate for the tasks of the position.
The assembly had recommended her dismissal from office in July 2016 on grounds that she had not met the required qualifications, including lacking 10 years of experience in a managerial position.
The ward representatives had also accused the governor of breaching the Constitution by running the county without a Cabinet, even as they claimed that his government had reallocated Sh740 million from development to recurrent vote without following the laid-down procedure.
The Senate found the allegations to be unsubstantiated and not worth the attention of the trial chamber.
As Rigathi faces the Senate today and waits for its verdict on Thursday, he will be hoping to have his late brother's luck.
Among Mutuse's claims is that Mr Rigathi manipulated Nderitu's Will to disinherit rightful heirs of the deceased's estate, a thing that has seen the private will 'declassified' and made a public document.
"In essence, the late brother's Will is among the grounds tabled to push for the DP's ouster...hence why he must be praying hard that his brother's spirit descends and stands with him in the storm," says High Court Advocate Timothy Kariuki.
Murang'a Senator Joe Nyutu, who is Mr Rigathi's ardent supporter, told Nation that "the Senate is not a pedestrian house that works to rubber-stamp issues presented but will at all times seek to project itself as House for equal justice."
He added: "We will prove to the country that the country's stability can be safeguarded at the Senate and issues can be prosecuted without prejudice."
This came as Kapseret MP Oscar Sudi reiterated that "nothing will save Gachagua, we have to have him out at whatever the cost".
Having attempted to curtail the Senate's process by filing nearly 30 objections in the courts, pundits see it as a premonition that the Gachagua family might not be expecting a favourable verdict in the politicians-run trial chamber that in the recent past, has seen politicians like Ferdinand Waititu and Mike Mbuvi Sonko permanently barred from ever holding public office, a risk now staring at the DP.
The DP's fightback plan has included efforts to raise the 23 senators needed to save him but so far, his numbers are being reported to be hanging below the half mark.
"But unless senators rise to the occasion of putting sobriety and equal justice forward and resist party lines mobilisation, we anticipate to fail in this drive since it appears we can only raise not more than 15," said one of Mr Gachagua allies at the Senate, who opted not to be named citing the sensitivity of the matter.
"The problem is that Mr Gachagua is being ejected by a combined effort between President Ruto and Azimio boss Raila Odinga. They have the numbers and this is a political process," the senator said.
