The Speaker of the Senate has convened a sitting this morning to hear the impeachment charges against Deputy President Rigathi Gachagua.
According to a gazette notice, the special session will commence at 9:30 a.m. in accordance with Article 145 (3) (a) of the Kenyan Constitution and Standing Order 78 (1) of the Senate’s Standing Orders.
“Pursuant to Article 145 (3) (a) of the Constitution and Standing Order 78 (1) of the Senate Standing Orders, I appoint the sitting of the Senate of Wednesday, 9th October, 2024 at 9.30 a.m. as the sitting convened for the purpose of hearing the charges in the matter of the proposed removal from office, by impeachment, of His Excellency Rigathi Gachagua” said Kingi.
In line with procedures, the Speaker of the National Assembly, Moses Wetang’ula, who is supposed to notify the Speaker of the Senate within two days did so immediately after the impeachment.
The Clerk of the Senate acknowledged receipt of the resolution notice from the National Assembly at 8 am this morning.
The Senate will decide whether to appoint an 11-member special committee to hear the matter or go the plenary way.
During the investigation, the special committee may summon the mover of the motion and other MPs from the National Assembly.
Gachagua will also be invited to appear in person or send representation to defend himself.
The National Assembly approved Gachagua’s impeachment on Tuesday night (October 8, 2024) following a vote on the floor of the House.
A total of 282 members voted in favour of the motion, 44 voted against it, and one member abstained.
Kibwezi West MP Mwengi Mutuse who initiated the motion listed 11 charges against Gachagua, including violations of the constitution and other laws which include the Anti-Corruption and Economic Crimes Act and accusations of undermining President William Ruto and the cabinet.
Gachagua defended himself for two hours before the vote, dismissing the charges as politically motivated and “baseless.”
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.
