Deputy President Rigathi Gachagua
By: Joseph Mutua Ndonga
Worth Noting:
- When I started hearing that plans were underway to impeach Deputy President Rigathi Gachagua, two questions came to mind. Did the MPs who have initiated the process stood a chance of marshalling enough numbers in parliament? Did the grounds of impeachment met the requisite threshold?
- After analysing and perusing the grounds listed for his removal, I realized that the MPs were leaving nothing to chance.
- The motion of impeachment was also enjoying the support of MPs from his stronghold of Mount Kenya including those from his home county of Nyeri. This was another clear indication that his chances of survival were nil.
The Senate is currently prosecuting the motion of impeachment against Deputy President Rigathi Gachagua in line with constitutional mandate bestowed on this house.
This comes just a few days after members of parliament dispensed off with this matter.
282 members voted to impeach the DP while 44 voted in his favor and one abstained.
This also comes in the wake of Gachagua losing court battles. The DP and his supporters had a filed a total of 26 petitions seeking to stop the impeachment motion against him.
The judges however declined to rule in favor of his prayers.
Notably, one of the key roles of bicameral parliament is oversight of the state officers in terms of how they were performing their constitutional mandates.
The Deputy President (DP) is a principal assistant to the President. The holder of this office was therefore required to perform duties assigned to him by the President.
In light of this, the motion touching on impeachment of Deputy President falls in this category.
When I started hearing that plans were underway to impeach Deputy President Rigathi Gachagua, two questions came to mind. Did the MPs who have initiated the process stood a chance of marshalling enough numbers in parliament? Did the grounds of impeachment met the requisite threshold?
After analysing and perusing the grounds listed for his removal, I realized that the MPs were leaving nothing to chance.
The motion of impeachment was also enjoying the support of MPs from his stronghold of Mount Kenya including those from his home county of Nyeri. This was another clear indication that his chances of survival were nil.
Some of the grounds cited were; gross violation of the constitution and other laws of the land, abuse of office, gross misconduct and violation of international laws.
After concluding the impeachment trial, the Senators will vote and the opinion of Kenyans is divided on whether they should endorse the resolution of the National Assembly. It is however worth noting the tabulations released showed that majority of Kenyans supported the impeachment of DP during the public participation. The results were based on those who had signed the form containing the grounds of motion.
The judges have already pronounced themselves on this matter. So, many believe Gachagua stood no chance of winning the case if he opts to return back to court to challenge the verdicts of the two houses were nil. They include his supporters and some are now advising him to resign
Articles 145 and 150 of constitution stipulates the process of removing the DP from office.
The National Assembly had followed these provisions to the letter and spirit and many Kenyans are waiting a concurrence of the senate.
I have been listening to the remarks attributed to Gachagua’s supporters.
They were yet to drop this warped mentality that President William Ruto was behind his woes.
As we know, the President has never commented about this matter touching on impeachment of DP.
He always steered clear even when pressed to make a comment on the matter.
The President once told a journalist during a live TV interview. Gachagua is still my deputy. If you think we are not reading the same script, please look for him and ask him to respond.
Constitutionally speaking, the President has no power to interfere, influence or coerce members of parliament to vote in certain way or how to their job.
The President is not a member and hence he has no vote.
Parliament is an independent organ just like the executive which is headed by the President.
Yes, the law allows the President as the leader of ruling party/coalition to chair a meeting of the party parliamentary group. This is ahead of critical debates and this would give the MPs a free hand to build a consensus/common position.
The President is however not compelled to chair these meetings.
He can delegate someone else to do that.
In respect to Gachagua’s motion of impeachment, he never chaired the PG meeting.
This is because the MPs brought this matter at a time when he was having a busy/tight schedule.
Joseph Mutua Ndonga Is A Writer And Social Commentator