By Samuel Mwaangi Ngari
The impeachment of a Deputy President in Kenya follows a clear constitutional process outlined in the 2010 Constitution, specifically under Articles 144 and 145. These articles detail the steps from the initiation of an impeachment motion in the National Assembly to the potential dismissal of the Deputy President.
In a significant political development, Kenya’s Deputy President, Rigathi Gachagua, faces the possibility of impeachment after an overwhelming 83% of the 349 lawmakers in the National Assembly supported a motion to impeach him. This surpasses the required one-third threshold for such a motion to be passed.
Grounds for Impeachment
The grounds for the impeachment of Deputy President Rigathi Gachagua include several serious allegations:
1. Violation of National Values and Principles of Governance: Accusations of making inciteful and inflammatory public statements that could stir ethnic hatred.
2. Corruption and Unlawful Acquisition of Assets: Allegations of acquiring assets using taxpayers' money, with properties spread across Nyeri, Nairobi, and Kilifi counties.
3. Violation of Various Laws: Including the National Cohesion and Integration Act, Anti-Corruption and Economic Crimes Act, Proceeds of Crime and Anti-Money Laundering Act, Penal Code, and the Leadership and Integrity Act.
4. Insubordination: Publicly contradicting the President’s policy statements and Cabinet pronouncements.
5. Misconduct: Unjustifiably attacking judicial and intelligence officials, violating the oath of office.
Gachagua is facing accusations of playing a leading role in the antigovernment demonstrations that took place in June, which escalated into violence. He is also alleged to have engaged in corrupt practices and undermined the government by publicly contradicting the President. Additionally, he has been accused of promoting ethnically divisive politics.
The Deputy President, however, has dismissed these allegations, describing them as politically motivated moves aimed at diminishing his influence.
The Impeachment Process
The impeachment process has already been completed, after the National Assembly initiated public participation hearings across all counties on October 4 and extended it to October 5 following a Court order to extend the exercise to constituency level. This is a crucial step in engaging the public on the matter. Though on Saturday the turnout was low compared to Friday which witnessed high turnout and violence in several places across the country.
On Tuesday the National assembly will deliberate on the issue where the members of parliament will be required to vote for or against the motion. If the motion sails through the National Assembly will handle the mantle to Senate which will act as jury.
Following this, the Senate will hear the charges against Gachagua. It may appoint a special committee to investigate these accusations further. Gachagua will be given the opportunity to defend himself before the Senate on October 8, either in person or through his lawyers.
If the Senate’s special committee finds that the charges are not substantiated, the impeachment process will come to an end. However, if the allegations are substantiated, the Senate will move forward with the process. Gachagua will once again be given a chance to respond before a final vote is taken. If two-thirds of the Senate vote to uphold the charges, Gachagua will be dismissed from office.
Filling the Vacancy
If Gachagua is removed from office, the President is required to nominate a replacement. The National Assembly must then vote on the President’s nomination within 60 days. Should the nominee assume office, they will be considered to have served a full term as Deputy President if they enter office with more than two and a half years remaining until the next general election.
Political Reactions
Opinions on Gachagua’s potential impeachment remain divided. Some critics argue that the impeachment is merely a political maneuver aimed at distracting the public from the government’s broader failings, particularly issues of governance. However, other lawmakers see the move as a constitutional necessity and a pivotal moment for the country.
Time will reveal whether this political storm is a genuine quest for justice or a smokescreen for other political agendas.
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