Deputy President Rigathi Gachagua
By: Joseph Mutua Ndonga
Worth Noting:
- While tabling the notice of Gachagua’s impeachment motion, Kibwezi West MP Mutuse Mwengi the mover of the motion, also seemed to pour cold water on this argument.
- He averred that his decision to file the motion of removing Deputy President Rigathi Gachagua from office is informed by articles 150 and 145 of the constitution.
- He seemed to point out that the two articles do not compel the Mover to first seek the public views before the notice of motion. The relevant committees of parliament will conduct public participation thereafter.
- In the run-up to the filing of the motion, the DP resorted to using scorched earth tactics.
Embakasi North MP James Gakuya is one of the key allies of Deputy President Rigathi Gachagua.
In the eve of filing of the impeachment motion, he laid bare the options they had put in place meant to save the political career of DP.
One of them is advising the DP to resign but stating that this will come as a last resort.
This suggested that the political allies of DP were working closely with the legal experts. The law states that if the impeachment succeeds Gachagua will be barred from running for elective position or holding an appointive position for 10 years.
They spoke at a time when the DP kept reiterating that he was ready to face his accusers.
This day finally came and the motion was tabled in parliament. Attempts by supporters of DP to throw the spanner in the work failed to materialize.
The courts failed to rule in favor of three petitions they had filed seeking an injunction to stop the impeachment process.
The DP is on record stating that the views of Kenyans should have been collected before the motion is filed.
One would have expected the judges to consider this position if it was informed by law.
While tabling the notice of Gachagua’s impeachment motion, Kibwezi West MP Mutuse Mwengi the mover of the motion, also seemed to pour cold water on this argument.
He averred that his decision to file the motion of removing Deputy President Rigathi Gachagua from office is informed by articles 150 and 145 of the constitution.
He seemed to point out that the two articles do not compel the Mover to first seek the public views before the notice of motion. The relevant committees of parliament will conduct public participation thereafter.
In the run-up to the filing of the motion, the DP resorted to using scorched earth tactics.
He kept stating that “President William Ruto and I were elected by the people of Kenya via the same ticket of United Democratic Alliance (UDA). As such, the MPs have no power to send me home because I was not elected by them”.
As a politician, this was a well calculated political strategy of trying to disarm the MPs and whipping emotions of Kenyans particularly those drawn from his home turf of Mount Kenya.
It is worth noting that as per the law, the entire process of impeachment lies squarely with MPs.
One of the key roles of members of parliament is oversight and the mover avers the motion of impeachment of DP falls in this category.
It therefore follows that any member was free to file the motion after collecting not less than 117 signatures from members supporting the ouster.
Reports indicate that 300 members have signed up so far but DP allies disputed this figure while stating that the final vote will not garner more than 180 votes.
Many believe the DP’s allies got a rude shock when the Mover read out the names of 291 MPs supporting the motion. They realized that their mathematics were not adding up.
The number exceeded the threshold of the two-thirds majority which is 233 members required in the final voting.
The final voting takes place after the conclusion of the debate.
Notably, the onus to prove the grounds of impeachment lies with the Mover.
The DP and his allies have all along been trying to drag the name of President William Ruto into woes facing the DP.
This is despite the fact that the President has never commented about this matter.
Besides, he always recognized and appreciated the presence of the DP whenever they shared the same podium. He would assign duties to his deputy.
The DP, on other hand, would be upbeat whenever he represented the President in these functions.
The latest was during the funeral service of 21 pupils of Hillside Endarasha Academy who succumbed to the flames of raging fire that gutted their dormitory at night.
The DP stated that “I’m here to represent my boss President William Ruto and I have his message of condolences “.
At the time, the President was in Germany on an official duty.
The DP’s allies avers that President Ruto have the power to stop the MPs from impeaching DP.
Constitutionally speaking, the President does not have the power to interfere with the work of parliament.
Yes, the President is allowed to chair parliamentary group meeting of ruling party/coalition ahead of critical debates in parliament.
This will give members a free hand to build a common position.
We have in the past seen the wish of the President being overruled when the members vote.
Joseph Mutua Ndonga Is A Writer And Social Commentator Based In Nairobi
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