Kingi warns senators against commenting on DP Gachagua's impeachment

Senate Speaker Amason Kingi has cautioned senators against making public comments regarding the impeachment proceedings against embattled Deputy President Rigathi Gachagua, whose motion is currently before the National Assembly.

Kingi on Thursday explained that since the matter might eventually be referred to the Senate for consideration, senators must refrain from discussing or questioning the proceedings.

In his communication to the Senate, the Speaker cited Articles 145 and 150 of the Constitution, which outline the process of removing a deputy president.

He insisted that as the Senate may act as a quasi-judicial body in this case, senators should avoid making statements that could prejudice the outcome.

"It shall be out of order for a senator to criticise or call to question the proceedings in the National Assembly. As such, I caution all honourable senators to desist from commenting on the proceedings in the National Assembly on this matter,” Kingi said.

The Speaker’s caution comes after Senate Majority Leader Aaron Cheruiyot expressed concerns that some senators had made public statements regarding the impeachment at various forums.

These remarks, according to Cheruiyot, may have revealed personal views on the issue, potentially compromising the Senate's impartiality should the case come before it.

The impeachment motion, filed by Kibwezi West MP Mwengi Mutuse, accuses DP Gachagua of 11 violations, including gross misconduct, undermining President William Ruto, inciting the public, and illegally amassing property. The motion also alleges that Gachagua interfered with the governance of Nairobi County and made remarks that violated the National Cohesion and Integration Act.

The motion will undergo public participation on October 4, 2024, and October 5, 2024 across all 47 counties.

Following this, Deputy President Gachagua, either personally or through his legal representatives, will be given a hearing on October 8, 2024, to defend himself against the accusations.

If the National Assembly resolves to impeach the deputy president, Speaker Moses Wetang’ula will then pass the resolution to Senate Speaker Amason Kingi, who will be required to convene a Senate plenary within seven days.

At that session, an 11-member committee will be selected to investigate the charges against Gachagua. The committee will have 10 days to report its findings back to the Senate.

The impeachment process will be halted if the committee finds the accusations lacking in merit.

However, if the charges are valid, Gachagua will be granted a final hearing before senators vote.

A majority decision by the Senate will either uphold the charges and remove the deputy president from office or dismiss the case entirely.

In addition to addressing Gachagua's impeachment, Speaker Kingi also warned senators about commenting on the proposed impeachment of Kericho Governor Erick Mutai, stressing that the same principles apply to both cases.

He said that any premature comments could jeopardise the fairness of the proceedings, as the Senate will act as a trial chamber for both matters.

“Comments made, whether written or spoken, may prejudice the just outcome of the process, not only in the Senate but also in the National Assembly, as this is a function undertaken by both Houses of Parliament,” Kingi stated.

The Speaker added that further communication regarding Governor Mutai’s impeachment will be delivered to the Senate in due course.