Senate Speaker Kingi Issues Guideline to Senators on Gachagua Impeachment Motion

Amason Kingi
Senate Speaker Amason Kingi reading the resolution to impeach Governor Kawira Mwangaza to the House, August 19.
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NA

Senate Speaker Amason Kingi has cautioned senators against commenting on the ongoing impeachment motion against Deputy President Rigathi Gachagua. 

In his announcement, Kingi noted that the special motion against the second in command which is currently before the National Assembly could potentially find its way into the Senate plenary. Thus, it would be out of order for Senators to publicly express themselves on the contagious matter.

The speaker was forced to clarify the matter after a section of senators were recorded commenting on the ongoing debate on the deputy president’s impeachment. Kingi noted that some senators even went ahead to call out a section of the members of the National Assembly over the motion.

According to the Senate speaker, the Constitution was very clear in Articles 145 and 150 on the process of the deputy president' impeachment and the involvement of both the Senate and the National Assembly.

Azimio Senators confront the House chair, Garissa Senator Abdul Haji, in Parliament on March 12, 2024.
Azimio Senators confront the House chair, Garissa Senator Abdul Haji, in Parliament on March 12, 2024.
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Parliament of Kenya

“It is in the public domain that a motion has been filed in the national assembly for proposed removal of deputy president by impeachment. Following articles 145 and 150 of the constitution, this is a matter that may be referred to the Senate for consideration,” Kingi stated.

“It shall be out of order for a senator to criticise or call to question the proceedings in National Assembly. In such case, I caution honourable senators to desist from commenting on proceedings in the national assembly.” 

Kingi's directive to the Senators comes barely two days after a special motion to impeach Rigathi Gachagua was tabled before the National Assembly by Kibwezi West Member of Parliament Mwengi Mutuse. The motion sought to impeach the DP on 11 grounds including gross violation of the Constitution, undermining the president, making inciteful remarks and alleged interference with the governance of Nairobi County.

Other grounds for impeachment included going against oath of office, violating the National Cohesion and Integration Act, amassing property illegally and misleading the public on critical matters.

The motion is set to undergo public participation on October 4 and October 5 across all 47 counties, after which DP Gachagua either through his lawyers or himself will be given a fair hearing on October 8.

Upon the hearing, and after a resolution is reached by the members of the National Assembly to impeach the second in command, the speaker of the National Assembly Moses Wetangula shall then proceed to inform the speaker of the Senate, Amason Kingi of the resolution. 

The Speaker of the Senate shall then convene a plenary within seven days during which an 11-member committee shall be selected to investigate the charges levelled against Gachagua. After ten days, the committee shall report back to the senate plenary the findings of the probe.

If the findings fail to meet the grounds to warrant the deputy president's impeachment then the ouster motion shall be quashed immediately. In equal measure, if the Senate upholds the charges for impeachment then the deputy president shall be granted the final hearing after which voting would be carried out among senators.

Deputy President Rigathi Gachagua addressing a rally in Nyeri
Deputy President Rigathi Gachagua addressing a rally in Nyeri
DPPS
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