Kenya lawmakers launched a motion in parliament on Tuesday to impeach Deputy President Rigathi Gachagua, accusing him of gross violation of the constitution, stirring ethnic hatred, and undermining the government.
The motion, introduced by Enoch Wambua, who represents Kitui West, cites 11 grounds for impeachment under Articles 150(1)(b) and (2) and 145 of the Kenyan constitution. Rigathi Gachagua is the first deputy president to face an impeachment motion under the latest iteration of the constitution, which took effect in August 2010.
The embattled deputy president has been accused of making statements that encouraged the discrimination and marginalization of regions and ethnic groups that did not vote for the current administration in the 2022 general elections. Gachagua has also been accused of undermining the independence of the judiciary. He is said to have publicly attacked Justice Esther Maina, Judge of the High Court of Kenya, who had ruled in a case in which he was a party, leading to the forfeiture of 200 million Kenya shillings (currently about $1.5 million USD) suspected to have been illicitly acquired. Other grounds include allegations of insubordination and gross economic crimes, including corruption and abuse of office.
Article 150(2) provides that the provisions of Articles 144 and 145 relating to the removal of the president shall apply, with the necessary modifications, to the removal of the deputy president. Article 145(1) states that a member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President (in this case, the deputy president). The motion had garnered 242 signatures, surpassing the required 117 to meet the threshold needed for initiation.
The speaker of the National Assembly, having examined the motion, noted that it met the stipulated requirements concerning form, threshold, and grounds. In a statement, he said:
My attention has been drawn to various court decisions relating to the removal from office of state officers, including county governors. I am indeed persuaded that public participation is an integral element of the process of removal of an elected state officer from office.
The motion was supported overwhelmingly by 291 legislators, surpassing the 233 votes needed to pass a resolution. The House has scheduled public participation across 47 counties on Friday, October 4. Also, the deputy president will be informed of his right to appear before the House for a hearing on October 8.
The deputy president’s faction has blamed opposition leader Raila Odinga for Gachagua’s woes. This comes months after the anti-finance bill protests, which led to the appointment of opposition members to key cabinet positions. Gachagua had also speculated that such appointments could lead to divisions within the ruling party. Despite flaring divisions within his party concerning the impeachment, President Ruto has remained notably silent.
