October 12, 2024
Introduction
On October 8, 2024, Kenya’s National Assembly voted to impeach Deputy President Rigathi Gachagua. The motion, brought by Kibwezi West MP Mwengi Mutuse, accused Gachagua of gross violation of the Constitution, gross misconduct, economic crimes, insubordination, and bullying of junior state officers. The impeachment is the first time under the 2010 Constitution that the National Assembly has voted to remove a state official from office.
The Charges: The charges against Gachagua include:
- Acquiring properties through corrupt means
- Practicing ethnic politics
- Acting to undermine the government
- Gross violation of the Constitution
- Gross misconduct
- Economic crimes
- Insubordination
- Bullying junior state officers
- Promoting ethnic divisions
- Corruption
- Undermining the President and the Cabinet
- Undermining Devolution
- Compromising judicial independence by publicly attacking a judge
The Vote
The National Assembly voted 281 to 44 to impeach Gachagua, well beyond the two-thirds majority required.
- Gachagua’s Defence: Gachagua has denied all the allegations against him, calling them outrageous and saying they are propaganda meant to tarnish his name. He claims that the assets he is accused of acquiring through corrupt means belong to his late brother and that he was simply appreciating the people who voted for him when he made comments about ethnic politics. He has also appealed to President Ruto for forgiveness.
- Gachagua’s Legal Challenges: Gachagua filed a petition to block the Senate trial, arguing that the impeachment motion is premised on weak grounds and amounts to a “shambolic, unfair, and vicarious” attack against him. However, the High Court ruled that the petition should be forwarded to Chief Justice Martha Koome to appoint a three-judge bench to hear the case.
- The Senate Trial: The Senate will now hold a trial to decide whether to uphold the impeachment. If the Senate upholds the impeachment, Gachagua will cease to hold office, unless the courts direct otherwise. The Senate has 10 days to make a decision.
- Public Opinion: Some Kenyans believe that the impeachment is justified, while others see it as a political witch hunt. There have been protests in Kenya in recent months over allegations of corruption and high taxes, and some politicians have accused Gachagua of helping to organise these protests.
- The Wider Political Context: The impeachment comes amid reports that Gachagua has fallen out with President Ruto. Ruto recently sacked most of his cabinet and brought in members of the main opposition following nationwide protests against unpopular tax hikes. Some analysts believe that the impeachment is a way for Ruto to reassert control over his government.
Conclusion
The impeachment of Gachagua is a significant event in Kenyan politics. It remains to be seen whether the Senate will uphold the impeachment, but the episode has already damaged Gachagua’s reputation and could have implications for the stability of Ruto’s government.
