As the impeachment of Deputy President Rigathi Gachagua draws near, legislators are preparing a motion to table before Parliament on Tuesday, October 1.
Among other allegations, the deputy president is accused of violating both national and international laws including the Proceeds of Crime and Anti-Money Laundering Act, the National Cohesion and Integration Act, the Anticorruption and Economic Crimes Act, the Penal Code, and the Leadership and Integrity Act.
His rapid accumulation of wealth within a short period of time is connected with a breach of some international laws including but not limited to the Proceeds of Crime and Anti-Money Laundering Act and the Anticorruption and Economic Crimes Act.
Equally, Gachagua was accused of breaching the Constitution of Kenya. According to a document obtained by Kenyans.co.ke, a total of 5 allegations for gross violations of the Constitution were leveled against the embattled DP.
MPs in Parliament during the Budget 2024 reading.
Photo
Parliament
The allegations are a violation of Article 10 on the National Values and principles of governance on account of the deputy president’s public utterances which have been termed as inciteful, reckless, inflammatory, and capable of stirring ethnic hatred.
The deputy president is further accused of violating Articles 147, 148,174,186, and 189 which addresses his conduct and responsibility as the principal assistant to the President.
Legally, the mover of the motion will be required to demonstrate with evidence how the deputy president violated the Constitution or any other law for it to sail through to the voting stage where 233 votes in support of the motion will see it sent to the Senate.
“The motion, having been brought pursuant to Article 150(1)(b) and (2) of the Constitution requires the mover to demonstrate that the Deputy President has grossly violated the Constitution or any other law; or that there are serious reasons to believe that the Deputy President has committed a crime under the national or international law, or for gross misconduct,” read the abridged version of the impeachment statement.
The last ground under the Constitution for which the Deputy President is sought to be impeached is that of gross misconduct as the holder of the office.
Under this rubric, he is accused of unjustifiably and unlawfully making scathing attacks on Lady Justice Esther Maina, a judge of the High Court of Kenya, and the Director General of National Intelligence Service in total disregard of the oath of office he undertook.
Additionally, DP Gachagua is accused of insubordination of the President by publicly contradicting the President’s policy statements and Cabinet pronouncements.
With collections of the 117 signatures required by legislators already already complete, the other hurdle remaining is substantiating grounds for impeachment.
Other allegations leveled against the deputy president include the acquisition of property worth over Ksh5.7 billion in the period he has been serving in office.
Meanwhile, the High Court on Monday declined to give interim orders to halt the presentation of the impeachment motion against the DP in Parliament.
A collage of Deputy President Rigathi Gachagua and the Outspan Hotel in Nyeri. PHOTO/Rigathi Gachagua.
