The process to impeach Kenya’s Deputy President, Rigathi Gachagua, has formally started, as a motion has been filed in line with Articles 145 and 150(1)(b) and (2) of the Constitution of Kenya. These articles lay out the grounds and procedures for removing the Deputy President from office. According to the motion, Gachagua is accused of violating the Constitution, committing criminal acts, and engaging in misconduct, all of which meet the criteria for initiating an impeachment process under Kenyan law.
Allegations Against the Deputy President
The impeachment motion outlines five main accusations against Deputy President Gachagua. These charges focus on violations of key provisions in the Constitution, specifically Article 10, which deals with national values and governance principles such as inclusivity, integrity, and patriotism.
Reckless Public Statements
One of the key allegations against Gachagua is that he has made public statements that could potentially inflame ethnic tensions and sow discord among various communities in Kenya. His comments have been characterized as reckless and inciteful, which could foster division and hatred between different ethnic groups. Such actions are in direct contradiction to Article 10 of the Constitution, which emphasizes unity and national cohesion as fundamental values of governance.
Violation of Constitutional Duties
In addition to these public statements, Gachagua is accused of failing in his responsibilities as the Deputy President of Kenya, in violation of Articles 147, 148, 174, 186, and 189. These sections of the Constitution outline the roles, responsibilities, and conduct expected from a person holding the office of Deputy President. One of Gachagua’s primary responsibilities is to assist the President in executing his duties and representing the interests of the government.
However, the motion alleges that Gachagua has repeatedly acted in ways that undermine the authority of the President. This includes contradicting presidential policies and Cabinet decisions, which has been described as a form of insubordination. The Deputy President’s role as the principal assistant to the President requires him to align with the President’s vision and policies, and failure to do so could constitute gross misconduct.
Allegations of Corruption and Asset Acquisition
A major component of the impeachment motion revolves around allegations of corruption. Gachagua is accused of illegally acquiring properties and assets that are inconsistent with his declared salary and financial status. His monthly salary as Deputy President is reported to be around KSh 1 million, but the motion claims that he has acquired assets valued at more than KSh 5.7 billion. The properties in question include high-end establishments like:
- Tree Tops Hotel
- Outspan Hotel
- Olive Gardens Hotel
- Vipingo Beach Resort in Kilifi County
These assets are believed to have been obtained through corrupt means and in collaboration with close family members, particularly his sons, Kevin Rigathi Gachagua and Keith Ikinu Rigathi. The motion alleges that these family members were used as conduits for these questionable financial transactions. Such acquisitions, if proven, would represent a serious breach of Kenya’s anti-corruption laws and undermine the public’s trust in government officials.
Violations of National and International Laws
Beyond the constitutional breaches, the motion also claims that Gachagua has violated a number of national and international laws. These include:
- The National Cohesion and Integration Act: This law aims to promote unity and prevent hate speech or actions that could divide communities.
- The Anti-Corruption and Economic Crimes Act: This act targets the prevention of corruption and the prosecution of those involved in economic crimes.
- The Proceeds of Crime and Anti-Money Laundering Act: This law seeks to prevent the laundering of money obtained through illegal activities.
- The Penal Code: Various sections of this law deal with criminal offenses such as fraud and misuse of public office.
- The Leadership and Integrity Act: This law establishes the ethical standards required of public officials, including honesty, transparency, and accountability.
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If the accusations of violating these laws are proven, it would not only damage Gachagua’s credibility but also point to deeper issues of governance and integrity within Kenya’s leadership.
Accusations of Gross Misconduct
Another serious charge against Gachagua is gross misconduct. The motion highlights specific instances where he allegedly attacked senior figures in Kenya’s judicial and intelligence systems. One of the examples cited is his public criticism of Lady Justice Esther Maina of the High Court. Gachagua reportedly made derogatory comments about her following a court ruling that went against his interests. Additionally, the motion claims he has targeted Noordin Haji, the Director General of the National Intelligence Service, in a similar manner.
These actions, according to the motion, are not only unprofessional but also undermine the independence of the judiciary and other government bodies. Such attacks on key institutions are seen as a violation of the rule of law, a fundamental principle of Kenya’s constitutional framework.
The Impeachment Process: Steps and Requirements
For the impeachment motion to proceed, it must pass through several procedural steps as outlined in Kenya’s Constitution. The first step involves the Clerk of the National Assembly, who must examine the motion to ensure it meets the necessary legal requirements. Once the Clerk has completed the review, the Speaker of the National Assembly will decide whether the motion is admissible.
To advance to the next stage, the motion must be supported by at least one-third of the members of the National Assembly, which amounts to 117 members. If the motion secures this initial level of support, it will then require a vote from at least two-thirds of the members of the National Assembly for it to be officially adopted.
If the motion passes in the National Assembly, the Speaker will formally notify the Senate, which is mandated by the Constitution to convene within seven days. The Senate will then hold a hearing to review the charges brought against the Deputy President. During this hearing, the Senate is required to examine the evidence and decide whether the accusations warrant removal from office.
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The impeachment process will conclude with a vote in the Senate. For the impeachment to succeed, at least two-thirds of the Senate members must vote in favor of the motion. If this threshold is met, Deputy President Rigathi Gachagua will be removed from office.
However, the process is long and requires substantial political backing. Whether the motion will gain the required support remains to be seen. The political landscape in Kenya is highly dynamic, and the outcome of this motion could have significant ramifications for the country’s leadership and governance moving forward.
The impeachment process of Deputy President Rigathi Gachagua is now officially in motion, with serious accusations of constitutional violations, corruption, and misconduct being raised against him. The outcome of this case will depend on the evidence presented and the political will within both the National Assembly and the Senate. If successful, the motion could lead to Gachagua’s removal from office, marking a pivotal moment in Kenya’s political landscape.
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