In a historic and unprecedented move, Rigathi Gachagua has been removed from office as Kenya’s Deputy President, marking the first time that such an action has been taken under the provisions of the 2010 Constitution. The impeachment process reached its climax in a dramatic Senate vote on the evening of Thursday, October 17, where members of the Senate overwhelmingly supported the motion to oust Gachagua from his high office.
The impeachment motion was originally passed by the National Assembly and then moved to the Senate for deliberation. Following an intense and highly contentious debate, the Senate voted to uphold the charges against Gachagua, resulting in his removal from office. The decision was in accordance with the provisions set out in Article 145(7) of the Constitution, as well as Standing Order 78(8) of the Senate, which stipulates the process for impeachment.
The Speaker of the Senate, Amason Kingi, formally announced the resolution. In his statement, Kingi cited the constitutional and legal grounds for the decision, stating, “Pursuant to Article 145(7) and 151(b)(ii) of the Constitution and Standing Order No. 78(8) of the Senate, the Senate has resolved to remove from office by impeachment Hon. Rigathi Gachagua, the Deputy President of Kenya. Accordingly, Hon. Rigathi Gachagua ceases to hold office.”
The Charges Against Gachagua
Gachagua faced multiple allegations that formed the basis of the impeachment motion. These charges were outlined in the motion and were a result of accusations of misconduct, gross violations of the Constitution, and acts incompatible with the dignity of his office. The impeachment motion included various grounds, each of which was carefully debated and voted upon by the senators.
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The first charge against Gachagua was related to the violation of several key provisions of the Constitution. Specifically, he was accused of violating Articles 10(2)(A), (B), and (C), which pertain to national values and principles of governance, as well as Articles 27(4), 73(1)(A) and (2)(B), 75(1)(C), and 129(2), which touch on issues of leadership, integrity, and public trust. These charges were critical, and at least 54 senators voted in favor of them, signaling strong support for the claims of constitutional violations.
Votes on the Specific Charges
On the second ground, Gachagua faced allegations of violating Article 160(1) of the Constitution, which addresses the institutional and decisional independence of the judiciary. This charge stemmed from actions that allegedly undermined the independence of the judiciary. In a vote on this matter, 51 senators supported the charge, while 16 voted against it, showing a clear majority in favor of this serious violation.
The third charge dealt with Gachagua’s fidelity to his oath of office and allegiance, as outlined in Articles 3(1) and 148(5)(a) of the Constitution. These provisions require that all public officers, especially those in high offices like the Deputy President, remain true to their constitutional obligations. This charge also saw significant support from the Senate, with 49 senators voting in favor of the allegation, 16 voting against, and two senators abstaining from the vote.
A particularly serious charge was brought against Gachagua regarding suspected involvement in crimes under the National Cohesion and Integration Act. This accusation suggested that the Deputy President may have participated in actions that could incite division or violence, threatening national cohesion. In a vote on this matter, 48 senators supported the allegation, 18 opposed it, and one senator abstained.
The final charge that contributed to Gachagua’s impeachment related to his public attacks on the National Security Intelligence Service (NSIS) and its officers. This was viewed as an act of gross misconduct, incompatible with the dignity and responsibilities of his office. This charge was particularly serious as it involved undermining critical state institutions responsible for national security. In a vote on this matter, 46 senators voted in favor, 20 voted against, and one senator abstained.
The Constitutional Framework for Impeachment
The impeachment of a Deputy President is a relatively new legal concept in Kenya, introduced under the country’s revised 2010 Constitution. Prior to this, the office of the Deputy President was largely insulated from such actions, with limited legal provisions for removal from office. However, the 2010 Constitution altered this framework, providing a clear and formal procedure for the impeachment of high-ranking public officers, including the Deputy President.
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According to Article 145(7) of the Constitution, a Deputy President can only be removed through a rigorous process involving both the National Assembly and the Senate. The process requires that two-thirds of the members of the Senate vote in favor of the impeachment motion. This high threshold ensures that impeachment is not taken lightly and requires broad bipartisan support across the political spectrum.
In the case of Gachagua, this procedural requirement was met when the Senate voted overwhelmingly in favor of the motion, confirming the constitutional validity of the process. The decision to impeach the Deputy President reflects the seriousness with which the Kenyan Senate views the allegations against him and the importance of upholding the integrity of public office.
The Political and Legal Implications
Gachagua’s impeachment marks a turning point in Kenya’s political landscape. It highlights the growing power and independence of Kenya’s Senate in holding high-ranking public officials accountable for their actions. It also underscores the importance of checks and balances in the country’s constitutional framework, which was designed to prevent abuses of power and ensure that public officials remain accountable to the people.
Moreover, Gachagua’s impeachment serves as a reminder that no individual, regardless of their position, is immune from legal scrutiny. The event has already sparked widespread debate across Kenya, with some applauding the Senate’s decision as a victory for transparency and integrity, while others view it as a politically motivated move to weaken the Deputy President’s position.
This landmark case will likely have far-reaching implications for future political dynamics in Kenya. It sets a precedent for the impeachment of senior government officials, sending a strong message that constitutional principles and the rule of law are paramount in the country’s governance. As Kenya continues to evolve politically, the legal and political ramifications of this historic impeachment will be felt for years to come.
Rigathi Gachagua’s impeachment is a historic and landmark event in Kenya’s political history. As the first Deputy President to be removed from office under the provisions of the 2010 Constitution, his case sets a significant precedent for accountability and the rule of law. The decision by the Senate, backed by the constitutional provisions for impeachment, reflects the seriousness with which Kenya’s political institutions take matters of integrity, misconduct, and public trust. Gachagua’s ousting is a powerful reminder that the country’s legal framework allows for the removal of even the highest officeholders when necessary, reinforcing the principle that no one is above the law.
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