Senators have voted to impeach the Deputy President Rigathi Gachagua Thursday evening after approving five of the 11 charges levelled against him in the historic impeachment motion.
Before undertaking the vote, Senate Speaker Amason Kingi directed senators to vote on all 11 charges, noting that the threshold to move the motion needed 45 senators to vote in favor for the charge.
“Honerable senators, these are the guidelines on how we are going to move forward: All Senators are eligible to cast their votes, the threshold is 45 senators and we are going to vote for the charges separately. So we are going to vote 11 times.” Senate Speaker directed.
The development coming after 281 Members of the National Assembly voted to impeach the Deputy President following a motion tabled by Kibwezi West MP Mwengi Mutuse.
The motion by Mutuse 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.
DP Gachagua was expected to appear before Senate as a witness for cross examination but was taken ill, Thursday afternoon.
He is currently undergoing treatment at Karen Hospital, where he is reported to be suffering from intense chest pains.
Senior Counsel Paul Muite urged the Senate to postpone the proceedings until Tuesday, citing Gachagua’s health condition and the need for the Deputy President to physically present his defense.
However, Senate resolved to continue with the impeachment proceedings against Deputy President Rigathi Gachagua despite his lawyer’s request for an adjournment to allow him time to recover and appear in person.
The Speaker of the Senate Amason Kingi ruled that the adjournment request must be decided by the Senate and not unilaterally by the Speaker calling upon the Majority Leader to move a motion to adjourn to Saturday, October 19.
Lawyers representing the National Assembly opposed the adjournment, insisting that the trial should proceed in accordance with Senate rules, even in the absence of the Deputy President.
They argued that Gachagua had the option of being represented or submitting documents, as permitted by Senate standing orders.
The motion to adjourn was, however, defeated after a majority of senators declined to support it.
Speaker Kingi emphasised the Senate’s obligation to adhere to constitutional timelines, pointing out that the impeachment process must be concluded within 10 days.
“The Senate has a greater duty to comply with the Constitution and stick to the strict timeline of 10 days,” Kingi stated.
However, the Deputy President’s legal team walked out in protest after the Senate rejected the motion to adjourn to Saturday.
“We shall be perpetuating an illegality if we were to sit in parliament without instructions from our client,” said Lawyer Ndegwa Njiru.
Charges Against Gachagua
The 11 charges facing Gachagua range from allegations of financial misconduct to accusations of ethnic divisiveness.
The impeachment motion accuses him of undermining President William Ruto’s government and engaging in corrupt activities, including using proxies to amass significant wealth and state property.
In addition, Gachagua has been accused of fostering division by engaging in politics that exploits ethnic tensions, a serious charge in Kenya’s delicate political landscape.
One of the most damning accusations is that Gachagua manipulated his ailing brother, Nderitu Gachagua, into signing a will from his sickbed to acquire family assets, including a hotel.
Kibwezi West MP Mwengi Mutuse, who sponsored the impeachment motion, argued that Gachagua’s conduct amounted to “extraordinary wrongdoing” and warranted immediate removal from office.
Mutuse also claimed that Gachagua had amassed wealth estimated at Ksh 5.2 billion through corrupt dealings, using his influence to award lucrative government tenders to family members and friends.
However, Gachagua has dismissed all the accusations as false, calling the charges “ridiculous and embarrassing.”
