By The move to impeach Kenya’s Deputy President Rigathi Gachagua is quickly gaining steam, with MPs from both the ruling coalition and the opposition actively collecting signatures. Several key legislators, including National Assembly Deputy Majority Leader Owen Baya, have confirmed their support for the motion, citing alleged constitutional violations, gross misconduct, and abuse of office.
The charges against Gachagua are multifaceted, with MPs pointing to a range of offenses, including divisive political rhetoric and public utterances that have been deemed unconstitutional. Most notably, his controversial comments regarding Kenya Kwanza’s government shareholding and public criticism of high-ranking officials like National Intelligence Service Director-General Noordin Haji have placed him at odds with his colleagues. Many MPs argue that such statements alienate various communities, compromising national unity.
The impeachment proceedings have highlighted deep internal divisions within President William Ruto’s administration, with several of the President’s allies reportedly backing the motion. The impeachment initiative comes at a time when Gachagua’s political influence has seemingly waned, and several MPs from his camp have expressed dissatisfaction with his leadership style.
Violations and Misconduct: The Case Against Gachagua
Key allegations against Deputy President Rigathi Gachagua center on violations of multiple articles of the Kenyan constitution, including Articles 73, 75, 79, 129, and 131. Among the charges, MPs point to his undermining of collective Cabinet responsibility by publicly opposing the Finance Bill 2024. Furthermore, his divisive rhetoric, particularly his assertion that he represents only the Mt. Kenya region, has sparked widespread outrage. This behavior, MPs argue, violates the principles of national inclusivity and unity.
Additionally, Gachagua’s recent media appearances have only exacerbated the situation, with critics accusing him of attempting to undermine Parliament’s authority. His comments during an interview on Citizen TV, where he suggested that his impeachment could lead to national instability, have been seized upon by opponents as further evidence of his misconduct.
A Bipartisan Push for Accountability
The push for Gachagua’s impeachment is notably bipartisan, with members from both sides of the political aisle supporting the motion. This widespread backing reflects growing frustration with the Deputy President’s leadership, even among his erstwhile supporters. Some MPs believe that his behavior over the weekend, particularly his divisive speeches, went too far, prompting a swift response from Parliament.
A notable gathering of over 30 MPs, including Senate Majority Leader Aaron Cheruiyot, took place in Nairobi to strategize on the impeachment proceedings. The goal is to collect the required signatures—117 from National Assembly members—before the motion is tabled. If passed by two-thirds of MPs, the motion will move to the Senate for further deliberation.
Political Ramifications of the Impeachment
For Deputy President Gachagua, the stakes are incredibly high. If the impeachment motion succeeds, it could effectively end his political career. Under Article 75(3) of the Kenyan Constitution, any public official removed from office through impeachment is disqualified from holding future public office. This means that Gachagua would be barred from running for any elective position, including the presidency, in future elections.
Legal experts argue that while the impeachment process is difficult, it is not impossible. If successful, it could also have significant implications for President Ruto, whose political standing has been under scrutiny. A failed motion, however, could signal a weakening of Gachagua’s detractors and bolster his influence within government.
The DP now faces three potential options: resigning from office, mounting a strong political defense, or seeking reconciliation with President Ruto to resolve their differences and avoid a divisive political showdown. Gachagua has hinted at the need for internal resolution, suggesting that a unified government would better serve Kenya’s interests.
Legal and Constitutional Challenges Ahead
Impeaching a sitting Deputy President is no easy feat. The process, governed by Article 150 of the Constitution, requires substantial political backing and clear evidence of misconduct. Should the motion pass in Parliament, it will likely face legal challenges in the courts, where Gachagua’s team may argue against the validity of the charges.
Lawyer Willis Otieno has noted that any public official removed by impeachment is ineligible for future public office, drawing parallels with the high-profile case of former Nairobi Governor Mike Sonko. On the other hand, legal precedents like that of Kiambu Senator Karungo Thang’wa suggest that there may be legal recourse for Gachagua, should he choose to challenge the motion.
Political analysts believe that the impeachment process will be a critical test for Kenya’s democratic institutions. Governance expert Javas Bigambo warns that any successful impeachment would need to be backed by solid constitutional grounds, as well as a fair and transparent process.
Conclusion: What Lies Ahead for Gachagua and Kenya
As the impeachment process unfolds, all eyes will be on Parliament and the courts to see how the charges against Rigathi Gachagua are handled. With the stakes this high, both for the Deputy President and the Ruto administration, the political landscape could shift dramatically in the coming weeks. Regardless of the outcome, this motion serves as a reminder of the delicate balance of power within Kenya’s political system and the importance of accountability at all levels of government.
FAQs
What are the main charges against Deputy President Rigathi Gachagua?
The charges include violation of the constitution, gross misconduct, abuse of office, and divisive rhetoric, particularly regarding Kenya Kwanza’s shareholding and attacks on high-ranking officials.
How many MPs are required to support the impeachment motion?
The motion needs the support of 117 MPs in the National Assembly to proceed, after which it must be backed by 233 MPs to pass.
What could happen if Gachagua is impeached?
If impeached, Gachagua would be barred from holding any public office in the future, including running for the presidency in 2027.
Can the impeachment be challenged in court?
Yes, the impeachment process could face legal challenges, as seen in past cases involving impeached public officials.
What are Gachagua’s options to avoid impeachment?
Gachagua can resign, mount a political defense to garner support in Parliament, or negotiate with President Ruto to resolve internal conflicts.
What impact could this have on President Ruto?
A failed impeachment could harm Ruto’s political standing, while a successful one may create instability within his administration.
