Details of the impeachment motion against DP Rigathi Gachagua that has been initiated
The process of impeaching Deputy President Rigathi Gachagua has officially commenced, with a motion lodged pursuant to Articles 145 and 150(1)(b) and (2) of the Constitution of Kenya.
The motion alleges that the Deputy President has grossly violated the Constitution, committed crimes under national or international law, or engaged in gross misconduct, as required by the cited articles for the impeachment process.
The motion lists five main allegations against Gachagua, citing violations of Article 10 of the Constitution, which encompasses national values and principles of governance.
Specifically, Gachagua is accused of making public utterances that are deemed inciteful, reckless, and inflammatory, with the potential to incite ethnic hatred and divide communities.
Furthermore, the Deputy President is alleged to have violated Articles 147, 148, 174, 186, and 189 of the Constitution, which pertain to his conduct and duties as the principal assistant to the President.
Among the accusations is the alleged unlawful and corrupt acquisition of assets worth more than Sh5.7 billion—an amount inconsistent with his monthly salary of approximately Sh1 million.
These assets are claimed to have been acquired through Gachagua’s sons, Kevin Rigathi Gachagua and Keith Ikinu Rigathi, as well as other close family members.
In addition to constitutional breaches, Gachagua is accused of violating both national and international laws, including the National Cohesion and Integration Act, the Anti-Corruption and Economic Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act, the Penal Code, and the Leadership and Integrity Act.
Furthermore, accusations of gross misconduct have been raised, including attacks on Lady Justice Esther Maina of the High Court of Kenya and the Director General of the National Intelligence Service Noordin Haji, as well as acts of insubordination by contradicting the president’s policy statements and Cabinet decisions.
What next?
The process of the impeachment motion now requires the Clerk of the National Assembly to review and advise the Speaker on its admissibility.
To proceed, the motion must be backed by at least one-third of the National Assembly members, which amounts to 117 members.
Should the motion gain this support, it must then be endorsed by at least two-thirds of all the National Assembly members before the Speaker can inform the Senate.
Upon receiving the motion, the Senate is required by the Constitution to convene within seven days to hear the charges against the Deputy President.
If the motion is supported by at least two-thirds of all Senate members after the hearing, Deputy President Rigathi Gachagua will be required to vacate his office
