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Kenya: Deputy President Rigathi Gachagua Impeached By The Senate

October 18, 2024

By Samuel Ouma

Deputy President Rigathi Gachagua has been officially impeached after an overwhelming majority of the Senate decided to ouster him from office over gross violation of the Constitution.

Of 67 senators, 54 voted to impeach Gachagua for significant violations of his constitutional obligations, while 13 opposed the move.

According to the Kenyan Constitution, impeaching a deputy president requires a two-thirds majority, which the Senate met.

Gachagua faced 11 charges, but his ouster centred on three main allegations: violating the Fourth Schedule of the Constitution by weakening devolution, interfering with independent institutions such as the judiciary, and violating his oath of office.

Senators who backed the impeachment claimed that the Deputy President had undermined trust in governmental institutions, particularly devolution and the judiciary.

However, Gachagua narrowly avoided dismissal on sabotaging devolution, with 45 senators voting against the precise claim. Only 19 Senators voted to impeach him on this issue, with three senators abstaining.

On the charge of violating the National Cohesion and Integrity Act, 51 senators voted yes, sealing Gachagua's fate.

The impeachment proceedings were marred with drama. Gachagua's legal team had requested an adjournment when the Deputy President allegedly became ill during the hearings, having chest problems and was transported to Karen Hospital.

Lead Counsel Paul Muite advised the Senate that Gachagua's health required the adjournment of the session. However, Senate Speaker Amason Kingi denied the adjournment request, causing Gachagua's legal team to leave the session, citing a lack of direction from their client to proceed.

The Senate then adjourned for thirty minutes before proceeding to the final vote, which confirmed Gachagua's removal from office.

Gachagua was first impeached on October 8 after 282 MPs approved his ouster. This was after MP Mutuse filed a motion to remove the deputy president.

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