In a historic decision on October 17, 2024, Kenya’s Senate voted to impeach Deputy President Rigathi Gachagua, making him the first Deputy President in the country’s history to be removed from office through impeachment. This decision follows a vote by the National Assembly on October 8, 2024, where the motion of impeachment was approved based on several charges related to gross violation of the Constitution.
The motion of impeachment was initiated by Kibwezi West MP Mwengi Mutuse, leading to a detailed investigation by the Senate. The proceedings began after the Speaker of the National Assembly forwarded the approved motion to the Senate Speaker on October 9, 2024, following constitutional procedures outlined in Articles 145, 148, and 150.
The Senate upheld the charges after deliberations, citing five key grounds for impeachment:
- Gross Violation of Constitutional Articles: The Senate found that Gachagua violated Articles 10 (2) (a), (b), (c); 27 (4), 73 (1) (a), and others, as well as Article 129 (2) concerning public service values and principles. These violations also breached Article 147 (1) regarding the roles of the Deputy President in assisting the President and ensuring loyalty to the Constitution.
- Violation of Institutional Independence: Gachagua was accused of undermining the decisional independence of judges, breaching Article 160 (1) of the Constitution.
- Fidelity to the Oath of Office: The Senate ruled that Gachagua failed to uphold his oath as required by Articles 3 (1) and 148 (5) (a), compromising the integrity of the office.
- Crimes Under the National Cohesion and Integration Act: The Deputy President was also accused of committing offenses under the National Cohesion and Integration Act, sections 13 (1) (a) and 62.
- Gross Misconduct: The final charge detailed Gachagua’s actions that were considered incompatible with the responsibilities of his office, specifically citing his undermining of the National Security Intelligence Service and its officers, as well as other misconduct in his capacity as a senior government official.
Amason Jeffah Kingi, the Speaker of the Senate, formally announced the Senate’s resolution to remove Gachagua from office on these charges. The impeachment marks a significant moment in Kenya’s political history, highlighting the nation’s commitment to upholding constitutional principles and holding top government officials accountable for misconduct.
This decision follows intense legal and political battles, with Gachagua’s lawyers walking out of the proceedings earlier after the Senate denied their request to extend the hearing, citing Gachagua’s illness and hospitalization.
