Speaker Wetang'ula approves notice of motion to impeach DP Rigathi Gachagua

National Assembly Speaker Moses Wetang'ula has approved a notice of motion for the impeachment of Deputy President Rigathi Gachagua.

The motion, which was tabled by Kibwezi West MP Mwengi Mutuse, outlines 11 grounds for the Deputy President’s removal from office, which Wetang'ula said meet the constitutional requirements.

"I have a communication on a notice of motion for proposed removal from office by impeachment of Hon. Rigathi Gachagua as the Deputy President of the Republic of Kenya," Wetang'ula said.

“With respect to evidence, the member has attached documents including annexes and a sworn affidavit to substantiate the grounds stated in the special motion. I find that the proposed special motion meets the requirements of Article 145(1) and 150(1)(b) of the Constitution and Standing Order 64 and 65 with regard to form, threshold and grounds necessary for a member to move a special motion for the proposed removal from office by impeachment of the Deputy President.”

The Speaker confirmed receiving the notice of motion dated September 26, 2024, from Mutuse.

The motion seeks a resolution by the House to remove Gachagua from office, under Article 150(1)(b) of the Constitution.

This Article allows for the impeachment of the Deputy President on three key grounds: a gross violation of the Constitution or any other law, credible suspicion of a crime under national or international law, or gross misconduct.

“The special motion before the House presents an unprecedented constitutional moment in our democracy," Wetang'ula said, noting that it would be the first time under the 2010 Constitution that Parliament tests the provisions relating to the impeachment of a Deputy President.

Drawing a comparison to a historical case, Wetang'ula recalled how, during the 6th Parliament in 1989, former Embakasi MP, the late David Mwenje, successfully moved a no-confidence motion against then-Vice President Josphat Karanja.

"Upon promulgation of the new Constitution in August 2010, the office of the Vice-President assumed a new role as the office of the Deputy President," Wetang'ula said, emphasising the constitutional shift in the removal process.

Unlike under the previous Constitution where the President had the power to remove the Vice-President, the 2010 Constitution transferred the power to impeach the Deputy President to Parliament.

Wetang'ula explained that this change laid the foundation for Mutuse's motion.

Standing Order 64(2) requires the Speaker to address special motions within three days of receiving notice. Wetang'ula confirmed that October 1, 2024, was the deadline to notify the House about the special motion’s admissibility.

He stated that the motion met the form, threshold, and evidence criteria outlined in Articles 145(1) and 150(1)(b) of the Constitution and Standing Order 64(1).

"I have satisfied myself that the number of members who have appended their signatures in support of the special motion exceeds the minimum threshold of 117 members," Wetang'ula said.

In keeping with the requirements, Mutuse said his motion lists 11 grounds for Gachagua’s removal, accompanied by evidence, including documents, annexes and a sworn affidavit.