Speaker of the National Assembly Moses Wetang’ula has slammed Deputy President Rigathi Gachagua for holding a press briefing to defend himself against the impeachment motion by Kibwezi West MP Mwengi Mutesi.
In his communication to the house Tuesday morning when sittings resumed to consider the Special Motion, the Speaker termed the conduct of the DP Monday evening during a two-hour live interview as abhorrent in light of the proceedings that have commenced.
This is after the legislators were advised to desist from discussing the merits and demerits of the case which is against the standing orders.
The Speaker said the same applied to non-members especially persons affected by such motions.
“As we commence today’s proceedings, permit me to note that I am aware that yesterday, the Deputy President held an interview with the local media in which he laid out his defence to the special motion before the House. Be that as it may, I will not wear the hat of a judge on this matter but permit me to put it on record that the conduct was, to say the least, abhorrent in the light of the of the proceedings scheduled to commence in the House” he told the house.
He observed that the DP who has been allocated two hours from 5 pm to respond to the 11 charges should have exercised restraint.
“The special motion is scheduled for debate and voting today, I believe that the Deputy President ought to have exercised restraint and refrained from holding the press interview. It is noteworthy that the Deputy President has been given an opportunity to appear before this House to make his response to the motion in accordance with the rules of natural justice” he stated.
“Whereas, Standing Order No. 85 prohibits members of this House from anticipating debate of a motion for which notice has been given, the Standing Order when broadly interpreted also extends to non-Members especially persons affected by such motions” he said.
MP Mutuse has already moved the special motion on the Removal from Office, by Impeachment of Rigathi Gachagua, the Deputy President of the Republic of Kenya paving the way for debate.
He also played some video clips to support his evidence while at the same time taking issue with the DP’s address to the nation on the eve of the impeachment hearing.
“In prosecuting this motion, it will be remembered that we gave the notice of motion on Tuesday, 1st Oct 2024 and the House also takes public notice that though unprocedurally, the Deputy President did address the nation yesterday, and therefore, part of what he said might form part of what I will be talking about” he said.
The Speaker who issued further directions on the matter gave the mover of the motion a maximum of 60 minutes to move and a maximum of 30 minutes to reply.
All other members will have a maximum of 5 minutes except the Leader of Majority and Minority Party and the Member seconding the motion, who will each have a maximum of 10 minutes.
The Deputy President or his representatives will be heard at 5 pm for a maximum period of 2 hours, thereafter, the mover will be called upon to reply, following which the House will proceed to vote on the special motion.
Public Participation
As the House debates the motion, members will take into consideration the views of the public as expressed between 2nd and 5th Oct 2024.
“I, therefore, call upon committees to take a keen interest in the report and isolate matters that fall under their respective mandates for possible consideration, reporting and approval by the House” the Speaker advised.
He further dismissed media reports on the general absence of Members in the various venues at which public participation was conducted, clarifying that their absence was in keeping with the standing orders. –
“Having said that, I wish to inform you that the views collected during the exercise have since been collected and compiled into a report which was noted by the House Business Committee at its meeting held yesterday,” he explained
“The House Business Committee has designated Hon. Millie Odhiambo, one of its members, to table the report on its behalf under Order No. 5. At an appropriate time, in the course of today’s proceedings, I will allow the Minority Whip a maximum of 15 minutes to give an overview of the process undertaken and the contents of the report” he added.
The DP who maintains his innocence from corruption claims has vowed to stay put and fight to the end.
In an interview Monday evening, DP Gachagua termed the accusations leveled against him as outrageous and vowed to clear his name before the lawmakers.
” I’m innocent on all these charges. My apology to President Ruto yesterday is in no way an admission of these ridiculous allegations meant to overturn the will of the people. Overturning the will of the people is no joke. None of these accusations meet the threshold for impeachment. I will be at Bunge tomorrow at 5 pm.”
291 Members of Parliament signed the impeachment motion against Deputy President Rigathi Gachagua.
The motion laid 11 grounds for DP Gachagua’s ouster ranging from gross violations of the constitution and other laws such as the Anti-Corruption and Economic Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act, the Leadership and Integrity Act and the National Cohesion and Integration Act.
11 grounds for removal:
- Gross violation of Articles 10(2)(a), (b) and (c); 27(4), 73(1)(a) and (2)(b); 75(1)(c), 129(2) of the Constitution and Article 147(1), as read together with Article 131(2)(c) and (d) of the Constitution
- Gross violation of Articles 147(1) and 152(1) of the Constitution by undermining the President and the Cabinet and the effective discharge of the national government’s executive mandate:
- Gross violation of Articles 6(2), 10(2)(a), 174, 186(1), 189(1) and the Fourth Schedule to the Constitution by undermining Devolution:
- Gross violation of 160(1) of the Constitution on the Institutional and Decisional Independence of Judges:
- Gross violation of Articles 3(1) and 148(5)(a) of the Constitution on the fidelity to the Oath of Office and Allegiance:
- Serious reasons to believe that H.E. the Deputy President has committed crimes under sections 13(1)(a) and 62 of the National Cohesion and Integration Act:
- Serious reasons to believe that H.E. the Deputy President has committed gross economic crimes under sections 45(1), 46, 47(a)(3) and 48(1) of the Anti-Corruption and Economic Crimes Act and sections 2, 3, 4, and 7 of Proceeds of Crime and Anti-Money Laundering Act:
- Serious reasons to believe that H.E. the Deputy President has committed crimes by continuously misleading members of the public through false, malicious, divisive, and inciteful remarks that are contrary to the provisions of section 132 of the Penal Code and section 29 of the Leadership and Integrity Act
- Gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President, a member of the Cabinet and the National Security Council.
- Gross misconduct by openly or publicly insubordinating the President, who is the Head of State and Government;
- Gross misconduct by persistently bullying State and public officers.
