Nairobi, (KE):- Members of the Kenyan Senate Thursday voted to uphold the impeachment of embattled Deputy President Rigathi Gachagua, drilling the final nail in the coffin of his Parliamentary sitting.
In the tense voting held Thursday evening, at least 53 lawmakers voted in favour of Gachagua’s impeachment over gross violation of the Constitution while 13 voted against his ouster.
According to the Kenyan constitution; if at least two-thirds of the senators vote to uphold the impeachment, then Gachagua stands dismissed.
How Kenya’s Senate voted
The vote came after a day of drama that saw the DP skip his cross-examination at the Senate after falling sick. The Senators held a vote to decide whether to continue with the impeachment process or adjourn to Saturday, October 19.
Eventually, most agreed that the process should continue in his absence, after which his battery of lawyers stormed out of the Senate in protest.
45 senators, however, saved Gachagua by opposing his impeachment over the accusation that he violated the Fourth Schedule to the Constitution by undermining devolution. Only 19 approved the impeachment while 3 abstained.
Meanwhile, 51 Senators voted in favour of the DP’s impeachment on the grounds of undermining independent institutions such as the court with 16 lawmakers disagreeing.
It is worth noting that a majority of the Senators only needed to vote in favour of one ground to warrant the deputy president an impeachment.
A majority of the Senators also faulted the DP for breaching the oath of office and contravening the National Cohesion and Integrity Act of the constitution. Nonetheless, most legislators defended Gachagua against allegations of engaging in money laundering.
Votes on the charges
On the first charge of Gross violation of Articles 10 (2) (a), (b) and (c); 27 (4), 73 (1) (a) and (2)(b); 75 (1)(c), and 129 (2) of the Constitution and Articles 147 (1), as read with Article 131 (2) (c) and (d) of the Constitution, 53 lawmakers voted YES to impeach while 13 voted NO.
On the second charge of Gross Violation of Articles 147 (1) and 152 (1) of the Constitution, 28 voted YES while 39 voted NO. On the third charge of Gross Violation of Articles 6 (2), 10 (2) (a), 174, 186 (1), 189 (1) and the Fourth Schedule to the Constitution, 19 voted YES and 46 voted NO.
On the fourth charge of Gross Violation of 160 (1) of the Constitution, 51 voted YES and 16 NO.
Charge 5: Gross Violation of Articles 3 (1) and 148 (5) (a) of the Constitution, and, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 49 voted YES and 16 NO while 2 abstained.
Charge 6: Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act, And, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 47 voted YES and 18 NO and 1 abstained.
Charge 7: Serious reasons to believe that His Excellency Rigathi Gachagua has committed 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, And, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 14 voted YES and 52 NO with 1 abstaining.
Charge 8: Serious reasons to believe that he has committed crimes under section 132 of the Penal Code and section 29 of the Leadership and Integrity Act, 27 voted YES and 40 NO.
Charge 9: Gross misconduct (insubordination); 46 voted YES and 20 voted NO, while 1 abstained.
Thursday Drama Before Impeachment
Rigathi Gachagua’s impeachment followed the Senate’s resolve to continue with the impeachment hearing despite a request by the deputy president’s legal team for the adjournment of the hearing to October 22.
The DP’s legal team had requested Senate Speaker Amason Kingi to adjourn the session after the deputy president reportedly fell ill during the proceedings. Addressing the Senate plenary, lead Counsel Paul Muite informed the lawmakers that the deputy president suffered chest pains and was rushed to Karen Hospital for treatment.
“The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick and as I address Mr Speaker and this House, he is in the hospital. That is the sad reality,” Muite informed the plenary.
However, after the adjournment plea was dismissed, DP Gachagua’s legal team walked out claiming that they did not have permission from their client to continue representing him in the impeachment case.
Following the deputy president’s legal team’s decision to walk out, Speaker Kingi permitted the representatives from the National Assembly to deliver their closing statements in Gachagua’s impeachment trial. The Senate then adjourned for thirty minutes after which a voting exercise was conducted.
In their presentation, the National Assembly’s representatives led by Rarieda lawmaker Oteinde Amollo accused the DP of breaching the National Cohesion and Integration Commission (NCIC) Act.
“He (DP Gachagua) talked about sharing positions in coalition and not in government, and to try and mislead this house makes it an aggravation of a rule, and I invite you, Mr Speaker to find that there was a breach of this. We were shown a clip of the deputy president saying he had no apology,” lawyer Otiende Amollo argued.
DP Gachgua was first impeached by members of the National Assembly on October 8 when 282 MPs voted in favour of the special motion with 44 voting against the impeachment with one legislator abstaining the vote.
What next for impeached Gachagua?
With the Senate hitting the last nail in Gachagua’s impeachment, the DP’s battle will likely move to the courts of law which could reinstate him in office – if he establishes sufficient grounds – until the determination of the petition.
The besieged DP has consistently expressed confidence in the Judiciary signaling he is prepared to fight all the way to the Supreme Court, a protracted legal battle that could even drag on to the end of their term with President Ruto.
Barring any court orders in the coming days, the impeachment paves the way for the nomination and subsequent approval of a replacement by his former boss William Ruto.
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