Senators vote to uphold impeachment of DP Rigathi Gachagua
Deputy President Rigathi Gachagua during his impeachment hearing at the Senate, Parliament Buildings Nairobi on Wednesday, October 16, 2024.
Senators have voted to uphold the impeachment of Deputy President Rigathi Gachagua, drilling the final nail in the coffin of the Parliamentary phase of his ouster.
At least 53 out of 66 Senators voted Thursday evening to uphold charges levelled against him by the National Assembly last week.
"DP Gachagua ceases to hold office," Senate Speaker Amason Kingi said after the vote.
The vote came after a day of drama that saw the DP skip his cross-examination at the Senate after falling sick. The Senators held a vote to decide whether to continue with the impeachment process or adjourn to Saturday October 19. Eventually, most agreed that the process should continue in his absence, after which his battery of lawyers stormed out of the Senate in protest.
Votes on the charges
On the first charge of Gross violation of Articles 10 (2) (a), (b) and (c); 27 (4), 73 (1) (a) and (2)(b); 75 (1)(c), and 129 (2) of the Constitution and Articles 147 (1), as read with Article 131 (2) (c) and (d) of the Constitution, 53 lawmakers voted YES to impeach while 13 voted NO.
On the second charge of Gross Violation of Articles 147 (1) and 152 (1) of the Constitution, 28 voted YES while 39 voted NO. On the third charge of Gross Violation of Articles 6 (2), 10 (2) (a), 174, 186 (1), 189 (1) and the Fourth Schedule to the Constitution, 19 voted YES and 46 voted NO.
On the fourth charge of Gross Violation of 160 (1) of the Constitution, 51 voted YES and 16 NO.
Charge 5: Gross Violation of Articles 3 (1) and 148 (5) (a) of the Constitution, and, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 49 voted YES and 16 NO while 2 abstained.
Charge 6: Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act, And, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 47 voted YES and 18 NO and 1 abstained.
Charge 7: Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 45 (1), 46, 47 (a) (3), and 48 (1) of the Anti-Corruption and Economic Crimes Act and sections 2, 3, 4, and 7 of Proceeds of Crime and Anti-Money Laundering Act, And, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 14 voted YES and 52 NO with 1 abstaining.
Charge 8: Serious reasons to believe that he has committed crimes under section 132 of the Penal Code and section 29 of the Leadership and Integrity Act, 27 voted YES and 40 NO.
Ground 9, Gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President and a member of the Cabinet and the National Security Council. H. E. the Deputy President has publicly attacked and undermined the work of the National Security Intelligence Service and its Officers), 46 voted YES and 20 voted NO, while 1 abstained.
Ground 10. Gross misconduct (insubordination) 23 voted YES and 44 voted NO.
Ground 11. Gross misconduct (bullying 17 voted YES and 41 voted NO while 2 abstained.
What happens next
With the Senate confirming his impeachment, the DP's battle will likely to move to courts which could reinstate him in office - if he establishes sufficient grounds - until determination of the petition.
The besieged DP has consistently expressed confidence in the Judiciary signaling he is prepared to fight all the way to the Supreme Court, a protracted legal battle that could even drag on to the end of their term with President Ruto.
Barring any court orders in the coming days, the impeachment paves way for the nomination and subsequent approval of a replacement by his former boss William Ruto.
