Politics

EXPLAINER: What Happens to Gachagua If He is Impeached

Rigathi Gachagua’s last-ditch attempts to prevent his impeachment have raised eyebrows, but there is a valid reason behind the Deputy President’s determination to avoid losing his seat.

From publicly challenging President William Ruto to going on televised interviews to defend his case, Gachagua has done it all in an effort to hit back at his enemies. Among his latest moves was moving to court with a petition to declare the impeachment process against him was flawed. None of his attempts proved successful.

With Gachagua all but powerless to stop his ouster, all eyes will be on the National Assembly on Tuesday, October 8, as Members of Parliament vote on whether the impeachment motion against the DP should proceed to full trial.

The DP, despite hiring a plethora of top lawyers in the country to defend him against 11 charges contained in the motion seeking his ouster, took an unexpected route on Sunday after he asked his boss President William Ruto for forgiveness.

Rigathi Gachagua addressing Meru residents on Saturday, September 28. PHOTO/ Rigathi Gachagua

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Gachagua’s move to eat the humble pie may seem ill-timed but from the grand scheme of things, the DP is simply safeguarding his political future.

According to Chapter 6, clause 2 of the Kenyan Constitution on leadership and integrity, a person holding public office ‘shall be subject to the applicable disciplinary procedure for the relevant office’ if there are grounds to show he misused his office in different ways.  A process that puts the state officer in a position to get dismissed or otherwise removed from office will consequently be rolled out.

The bigger picture: According to the Kenyan Constitution on Leadership and Integrity, a person who has been dismissed or otherwise removed from office for a contravention of the provisions mentioned in clause (2) is disqualified from holding any other State office. In other words, his political career will be declared dead should MPs follow through with his impeachment.

With this in mind, it makes all the sense why Gachagua is overly determined to prevent his ouster, as an impeachment would effectively end his political ambitions.

Gachagua’s move to ask for forgiveness on Sunday can be easily perceived as a strategic one, aimed at lowering the political temperatures and possibly preventing his ouster, albeit in a different way.

Time and the odds are, however, not on Gachagua’s side, since 48 hours may not be enough time to swing legislators in his favour.

On Saturday, October 5, Gachagua met with his legal team, led by renowned lawyer Paul Muite,  to strategise on the way forward. The presence of Muite in Gachagua’s corner offers the DP a fresh glimmer of hope since the lawyer has an impressive CV under his belt.

Notably, Muite successfully defended former Embu Governor Martin Wambora who was facing an impeachment motion from the Senate Assembly in courts while he was serving as county boss. Muite quelled Wambora’s ouster by leveraging on the failure to conduct adequate public participation whilst trying to impeach Wambora.

Muite also represented former President Uhuru Kenyatta during petitions against his presidential wins in 2013 and 2017.
 

Deputy President Rigathi Gachagua attends a church service in Meru on September 29, 2024.

Photo

DPPS

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