Deputy President Rigathi Gachagua has been impeached by the Senate.
The vote took place while Gachagua was in the hospital suffering from severe chest pains on Thursday, October 17, 2024. The DP was found guilty of five out of 11 counts against him.
Gachagua, who was facing 11 charges, including gross misconduct and abuse of office, has officially been sent packing after the House voted on grounds 1, 4, 5, 6, and 9 against him.
The beleaguered deputy president is set to make history as the first second in command to be impeached since the 2010 Constitution came into effect.
The impeachment motion was introduced in the National Assembly last week by Kibwezi West MP, Mwengi Mutuse. In a decisive vote, 281 MPs supported the motion, with only 44 opposing it.
In the Senate vote, Gachagua was found guilty on the first charge of gross violation of Articles 10, 27, 73, 75, and 129, which involved his alleged failure to uphold the national values and principles of governance. A total of 53 senators voted in favour of this ground, with 13 opposing the charge.
The second charge, accusing Gachagua of undermining the president and the cabinet in the execution of the national government’s mandate, failed to pass, with 28 senators voting in favor and 39 against. Similarly, the third charge, relating to undermining devolution, was rejected, with 19 votes in support and 45 in opposition.
The fourth charge, concerning Gachagua’s reported violation of judicial independence, was supported by 51 senators, with 16 voting against.
Gachagua was also found guilty of violating his oath of office, with 49 senators supporting this charge, while 16 opposed it, and 2 abstained. The sixth charge, which cited serious concerns about Gachagua committing crimes under the National Cohesion and Integration Act, passed with 48 senators in favour.
However, several other charges against Gachagua failed to gain the necessary support from the Senate. These included accusations of gross economic crimes, misleading the public, and insubordination of the president. The charge of committing gross economic crimes under the Anti-Corruption and Economic Crimes Act was rejected, with 13 senators voting in favour and 53 voting against it.
The ninth charge, accusing Gachagua of undermining the National Security Intelligence Service, garnered 46 votes in favour, 20 against, and one abstention. This charge added significant weight to his removal, as it highlighted his reported misconduct that was deemed incompatible with the office of the deputy president.
Gachagua’s impeachment was sealed after five of the 11 charges were upheld by the Senate.
Gachagua falls ill
On Thursday, October 17, 2024, Senate Speaker Amason Kingi suspended the session following news that Gachagua had fallen ill shortly before he was due to testify in his impeachment hearing.
Gachagua had been expected to take the stand for cross-examination.
“Having considered the two sides, my directions are as follows: we will suspend this sitting and resume exactly at 5:00 PM. So, we expect the DP then to take the witness stand at 5:00 PM. This is a time-bound process, unfortunately. It is so ordered,” Kingi stated.
When the Senate reconvened at 5 PM, Speaker Kingi asked Gachagua’s legal team to present their client for testimony, but the Deputy President was still absent.
Senior Counsel Paul Muite informed the Senate that his client, Deputy President, had been admitted to Karen Hospital with severe chest pains.
Muite explained that although he had been able to contact the medical team treating Gachagua, he was not permitted to speak with him directly due to his condition.
The doctors advised that the Deputy President needed complete rest.
“Through you, Mr. Speaker, I would like to inform the honourable senators that I managed to reach the doctors attending to the Deputy President. Due to his condition, I could not speak with him on their advice, but I was informed that he is suffering from intense chest pains,” Muite told the Senate.
Adding;
“Honourable Speaker, may I begin by apologizing for the Deputy President’s absence and the resulting delay? The unfortunate reality is that the Deputy President has fallen seriously ill and is currently hospitalized.”
