Gachagua impeachment: D-Day for DP as MPs set to decide his fate in historic vote

Tuesday marks a pivotal moment for Deputy President Rigathi Gachagua as Members of Parliament engage in a historic vote to determine his political fate.

A total of 233 MPs (two-thirds) of all members must support the impeachment motion for it to advance to the Senate, where Gachagua's fate will ultimately be decided.

The impeachment motion, initiated by Kibwezi West MP Mwengi Mutuse, outlines 11 grounds on which Gachagua's continued service is deemed untenable.

The House must substantiate at least one of these grounds, which are categorised under three main areas: gross violation of the Constitution, the commission of a crime under national or international law, and gross misconduct as defined in Article 150 of the Constitution.

If impeached, Gachagua's political career would face a sudden end. He would also lose his retirement benefits and be barred from holding any public office in the future.

"The Senate, being the trial chamber, will be sitting as a quasi-judicial body to hear and determine the matter," stated Speaker Amason Kingi on Thursday.

In an unprecedented move, Gachagua is set to defend himself before the National Assembly against the impeachment motion.

On Monday evening during a media briefing, the embattled DP confirmed that he will appear before the National Assembly against what he termed as "outrageous" allegations levelled against him in an impeachment motion.

Speaking during a press conference at his official residence in Karen, Nairobi, Gachagua said he would honour the summons.

"I have been invited to appear before the National Assembly tomorrow at 5 pm, and I want to confirm to the honourable members, to the speaker, and the people of Kenya that I will avail myself at that time and prosecute my defence for two hours," he said.

Speaker Moses Wetang'ula officially notified members of the motion last Tuesday.

Impeachment threshold 

While the threshold for initiating an impeachment motion against the Deputy President is 117 MPs, passing the motion requires the support of 233 MPs.

Members of Parliament during a National Assembly plenary session on October 1, 2024. (Photo: National Assembly)

Gachagua has assembled a legal team, led by Senior Counsel Paul Muite, to assist him during this critical time.

He has been allocated time from 5 pm to 7 pm today to present his defense. According to Standing Order 67, the House is obligated to allow Gachagua to defend himself either in person or through a representative.

"The DP is entitled to appear before the House in person, through legal representation, or both during the consideration of the motion," Wetang'ula clarified.

The Speaker emphasised the significance of the impeachment process, calling it "unprecedented," while also defending the MPs' authority to impeach.

"The power to impeach is a profound check on the conduct of a state officer. To safeguard the rights of the affected state officer, the Constitution prescribes high and graduated thresholds on the National Assembly," he stated.

The House will convene in the morning to debate the impeachment motion. Following this, Gachagua will be allowed to defend himself before the House votes to substantiate the 11 grounds.

If any one ground is upheld, Gachagua will be impeached, and the Speaker will notify the Senate of this decision within two days.

The House must also ensure that Gachagua receives fair administrative action under Article 47 of the Constitution, as well as the right to a fair hearing as provided for in Article 50.

Accusations

DP Gachagua: I am innocent of all these charges. I would like to clarify that my apology to the President yesterday does not mean that I am guilty pic.twitter.com/1vgWB9F6Nw

— The Eastleigh Voice (@Eastleighvoice) October 7, 2024

In his defense, Gachagua will face accusations from his colleagues in government, including Secretary to the Cabinet Mercy Wanjau, Nairobi Governor Johnson Sakaja, and former Kenya Medical Supplies Authority (KEMSA) CEO Andrew Mulwa.

Wanjau alleges that Gachagua has opposed Cabinet decisions, suggesting he is not trustworthy.

Governor Sakaja accuses him of inciting public opposition to county decisions through ethnic mobilisation.

However, the DP defended himself against alleged interference in the running of Nairobi County by inciting traders against lawful directives of the county government.

The DP said his meeting with traders on September 29 was in response to their outcry that their grievances were not being addressed by City Hall.

"I wish to clarify and point out that when I held a public rally, I merely requested the governor of Nairobi county to speak and listen to the grievances that were being raised by the market traders. Videos will be produced in the National Assembly," Gachagua said.

Meanwhile, Mulwa claims Gachagua has interfered with the Kenya Medical Supplies Authority's operations regarding lucrative tenders.

Gachagua also denied the allegations that he abused his executive powers to solicit a Sh3.7 billion mosquito net tender intended for the procurement of long-lasting mosquito nets, favouring his two sons.

The mosquito net scandal surfaced months after the Kenya Kwanza Government assumed office, with claims of interference from Gachagua and senior officials from the Ministry of Health attempting to influence the tender process.

Gachagua described the claims as "ridiculous and baseless," asserting he was never involved in the tender process. "Where was the Deputy President involved in a tender? This is a tender that never was. For the record, the suspected officers were exonerated," he stated during a televised interview in which he confirmed that he will be in Parliament to defend himself before MPs in a historic hearing.

Going further, Speaker Wetang'ula noted that the high threshold required to impeach the Deputy President reflects the gravity of the situation at hand.

Standing Order 68 classifies impeachment motions as special motions, granting them precedence over all other business in the House.

This ensures that the consideration of the motion is prioritised above other activities.

The House Business Committee, chaired by the Speaker, resolved last week to hold a morning sitting today, followed by an early afternoon session dedicated to the impeachment motion.

"This Special Motion is not just an inquiry into the conduct of a state officer; it is also a momentous test of the resilience of the constitutional procedures meticulously designed by the framers," the Speaker said.

As the House prepares to scrutinise Gachagua's conduct, Speaker Wetang'ula reminded members of their obligation to uphold the Constitution and the rights of every Kenyan.

"I have no doubt that we will rise to this defining moment, that we shall confront this test with dignity, resolve, and utmost integrity. The House shall prove itself worthy of the trust placed on it by the Constitution and the people it represents," he concluded.