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Why nominated senators are unsettled on Gachagua ouster vote

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Deputy President Rigathi Gachagua arrives at the Senate for his impeachment hearing. 

Photo credit: Dennis Onsongo | Nation

All eyes are on Senators ahead of Thursday's impeachment vote against Deputy President Rigathi Gachagua.

They have to balance their respective party positions and personal judgement.

In particular, the 20 nominated senators bear the heaviest burden of maintaining loyalty to their parties, as a dissenting opinion could jeopardise their jobs.

Already, a nominated MP from President William Ruto's ruling United Democratic Alliance (UDA) - Mwangi Teresia Wanjiru - is facing the party's disciplinary committee in what Mr Gachagua's camp sees as punishment for voting in favour of the DP last week.

A record 282 MPs, mostly from Dr Ruto's UDA and Raila Odinga's Orange Democratic Movement (ODM), voted to impeach Mr Gachagua, against 44 who voted in his favour, with one abstention.

The battle to save or oust the DP has now shifted to the Senate, where the two leaders still hold a commanding lead in terms of representation.

In the 67-member Senate, President Ruto's UDA has the highest number of senators with 32, followed by Mr Odinga's ODM (20).

Former President Uhuru Kenyatta's Jubilee is third with five senators, while Kalonzo Musyoka's Wiper has four senators, the United Democratic Movement (UDM) has three, and the Democratic Party (DP), Ford Kenya and National Reconstruction Alliance (NRA) have one each.

From the voting pattern in the National Assembly last week, it was clear that Dr Ruto and Mr Odinga's camps voted in unison to send DP home, and the same trend could be repeated in the Senate.

The majority of Mr Musyoka's troops had voted for the DP, and the same trend is expected in the Senate.

The four Wiper Senators are Enoch Wambua (Kitui), Agnes Kavindu (Machakos), Dan Maanzo (Makueni), and Shakila Abdallah (nominated).

They are expected to oppose the impeachment motion against the DP on Mr Musyoka's instructions.

In an interview on Citizen TV on Tuesday evening, Mr Musyoka described the charges against Mr Gachagua as "frivolous".

"The impeachment process against DP Gachagua was rushed, without proper public participation - despite the gravity of removing a deputy president. The DP was not given a fair opportunity to defend himself before the proceedings commenced," Musyoka said.

But even as the impeachment proceedings continue in the Senate ahead of Thursday's vote by Senators, there are fears in the DP camp that nominated senators, especially from the UDA, are being "intimidated" to vote against him.

"I believe so, it is obvious that intimidation and bribery were at the forefront. This is a very dangerous precedent that is being set," said Nyeri Governor Mutahi Kahiga, a DP ally.

Mr Kahiga, however, told the Nation that they are hopeful that the Senate will make an informed decision on the issue of the DP's impeachment.

"The Senate will hear the allegations, give the DP his five hours, go through the evidence, and vote.

"Our only hope is if the rivalry between the two houses plays out. The NA is responsible for denying the Senate resources and going against many decisions of the Senate, which is the upper chamber," the governor said.

He lamented that in the National Assembly, the large number of lawmakers who voted to send the DP home, was alarming because the parliament is supposed to be a check on the executive.

He expressed fear that the number could easily be used to amend the 2010 Constitution.

"The fact that you can be impeached on mere unproven allegations, 282 "representatives" of the people dancing to the tune of someone they are supposed to be overseeing is a very unfortunate state of our nation. You only need 233 to change the constitution," Kahiga said.

He urged senators to express themselves healthily during the vote on Thursday, even as nominated MP Mwangi Teresia Wanjiru faces the UDA disciplinary committee for opposing Mr Gachagua's impeachment in the National Assembly last week.

Barely two days after the National Assembly voted to impeach the DP, a complaint was lodged with the party's disciplinary committee against Ms Wanjiru, a nominated MP representing the youth.

In the complaint received on October 11, 2014, Peter Kamau Karogo accuses the nominated MP of "absenteeism, non-performance and breach of her constitutional and statutory duties as enshrined in the Constitution of Kenya 2010, the Leadership and Integrity Act, the UDA party constitution and the parliamentary code of conduct."

"The respondent was nominated by the United Democratic Alliance (UDA) with a specific mandate to represent and advocate for the interests of the youth of Kenya in the National Assembly. However, it has become increasingly apparent that the respondent has failed to adequately discharge these duties, thereby neglecting the very constituents she was nominated to serve," Mr Karogo said.

He further stated that: "The respondent has consistently failed to raise any substantive motions, issues or interventions on behalf of the youth she was nominated to represent and/or the broader national interest."

"This failure is contrary to Article 73(1) of the Constitution, which emphasizes the responsibility of state officials to serve the people, to show respect for the people, and to bring honor to the nation and dignity to the office."

"In light of the above, I pray that the UDA disciplinary committee finds Hon. Mwangi Teresia Wanjiru in breach of her obligations under the UDA party constitution, the Leadership and Integrity Act, the Constitution of Kenya, 2010, and the Parliamentary Code of Conduct," Mr Karogo says.

He also prays that the party's disciplinary committee recommends the expulsion of Ms Wanjiru from the UDA party for gross misconduct, dereliction of duty, and failure to uphold the values, principles, and mandate of the party to serve the people, especially the youth.

"I also pray that a suitable candidate be nominated in place of the respondent," he said.

However, UDA party chairperson Cecily Mbarire has not responded to the matter despite the Nation's request for her comments.

As the Senate votes on the DP's impeachment motion on Thursday, the focus has turned to the 20 nominated senators as they have to balance their respective party positions and personal judgement.

UDA has 10 nominated senators including Raphael Chimera, Esther Okenyuri, George Mbugua, Gloria Orwoba, Joyce Chepkoech, Miraj Abdillahi, Tabitha Mutinda, Karen Nyamu, Veronica Maina, and Peris Tobiko.

ODM, on the other hand, has seven nominees for the Senate.

They are Beatrice Ogolla, Beth Syengo, Betty Montet, Catherine Mumma, Crystal Asige, Hamida Kibwana, and Hezena Lemaletian.

Prof Margaret Kamar is the only Jubilee Party senatorial candidate, while Wiper has Shakila Mohamed Abdalla and Mariam Omar from Mandera Senator Ali Roba's United Democratic Movement (UDM) party.

Nominated lawmakers have always been a punching bag for political parties, who are usually expected to toe the party line at all costs.

In the last regime, Senator Isaac Mwaura, now the government spokesperson, was among the nominated senators who spent months fighting impeachment proceedings at the Jubilee party's disciplinary committee for allegedly failing to toe the party line.

At the time, there was a protracted battle for control of the Jubilee party between then-President Uhuru Kenyatta and his deputy William Ruto, now President, and Mr Mwaura was among the nominees who backed Dr Ruto.