Deputy President Rigathi Gachagua is set to defend himself in a Senate plenary session following his impeachment by the National Assembly on Tuesday night.
This comes after Majority Leader Aaron Cheruiyot’s motion to form a special committee to hear the charges failed for lack of a seconder.
Senator Edwin Sifuna from Nairobi declined to second the motion, prompting a shift in proceedings. Speaker Amason Kingi announced that the Senate will investigate the charges against Mr Gachagua on Wednesday and Thursday next week.
The National Assembly and Mr Gachagua must submit their evidence by the end of Monday.
In a gazette notice dated 9 October 2024, Speaker Kingi stated, “Pursuant to Article 145 (3) of the Constitution and Standing Order 78 (1) of the Senate Standing Orders, I appoint the sitting of the Senate for Wednesday, 9 October 2024, at 9:30 am as the sitting convened for the purpose of the hearing.”
Members of the National Assembly impeached Mr Gachagua on Tuesday night, with 281 MPs voting in favour, 44 against, and one abstaining, following a motion tabled by Kibwezi West MP Mwengi Mutuse.
The lawmaker argued in his motion that the DP had, during his time in office, grossly violated the Constitution and failed to honour his oath of office.
He also accused Mr Gachagua of inciteful remarks, undermining the President and the Cabinet, attacks against the Judiciary, corruption and a failure to adhere to his oath of office.
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Article 144 (2) of the Constitution mandates that if the MPs secure a two-thirds majority, the motion moves to the Senate, where a similar majority is needed for removal.
If the Senate substantiates the charges, they will allow Mr Gachagua to defend himself before voting. Should at least two-thirds of the senators—45 total—vote to sustain an impeachment charge, Mr Gachagua will have to vacate his office immediately.
Mr Gachagua may appeal the decision in court.
If the impeachment is upheld, the Deputy President’s position must be filled within 14 days, with the President nominating a successor for the National Assembly to vote on within 60 days.
Recently, Speaker Kingi warned senators against public comments regarding the Mr Gachagua impeachment case, stating such remarks could compromise the fairness of proceedings in both the Senate and the National Assembly.
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