Embattled Deputy President Rigathi Gachagua has officially been impeached after members of the Senate overwhelmingly voted to kick out the second in command from office.
During the voting process, 54 lawmakers voted in favour of Gachagua's impeachment over gross violation of the Constitution while 13 voted against his ouster. According to the Constitution, if at least two-thirds of the senators vote to uphold the impeachment, then Gachagua stands dismissed.
It is worth noting that a majority of the Senators only needed to vote in favour of one ground to warrant the deputy president an impeachment.
45 senators, however, saved Gachagua by opposing his impeachment over the accusation that he violated the Fourth Schedule to the Constitution by undermining devolution. Only 19 approved the impeachment while 3 abstained.
Meanwhile, 51 Senators voted in favour of the DP's impeachment on the grounds of undermining independent institutions such as the court with 16 lawmakers disagreeing.
A majority of the Senators also faulted the DP for breaching the oath of office and contravening the National Cohesion and Integrity Act of the constitution. Nonetheless, most legislators defended Gachagua against allegations of engaging in money laundering.
“Now Honourable Senators, pursuant to articles 145 and 150 of the constitution, the Senate has resolved to remove from office Rigathi Gachagua EGH from office by impeachment. Accordingly, his excellency Rigathi Gachagua EGH ceases to hold office,” Speaker Kingi announced before adjourned the sitting till Tuesday afternoon.
Gachagua's impeachment followed the Senate's resolve to continue with the impeachment hearing despite a request by the deputy president's legal team for the adjournment of the hearing to October 22.
The DP's legal team had requested Senate Speaker Amason Kingi to adjourn the session after the deputy president reportedly fell ill during the proceedings. Addressing the Senate plenary, lead Counsel Paul Muite informed the lawmakers that the deputy president suffered chest pains and was rushed to Karen Hospital for treatment.
“The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick and as I address Mr Speaker and this House, he is in the hospital. That is the sad reality," Muite informed the plenary.
However, after the adjournment plea was dismissed, DP Gachagua's legal team walked out claiming that they did not have permission from their client to continue representing him in the impeachment case.
Following the deputy president's legal team's decision to walk out, Speaker Kingi permitted the representatives from the National Assembly to deliver their closing statements in Gachagua’s impeachment trial. The Senate then adjourned for thirty minutes after which a voting exercise was conducted.
In their presentation, the National Assembly's representatives led by Rarieda lawmaker Oteinde Amollo accused the DP of breaching the National Cohesion and Integration Commission (NCIC) Act.
"He (DP Gachagua) talked about sharing positions in coalition and not in government, and to try and mislead this house makes it an aggravation of a rule, and I invite you, Mr Speaker to find that there was a breach of this. We were shown a clip of the deputy president saying he had no apology," lawyer Otiende Amollo argued.
DP Gachgua was first impeached by members of the National Assembly on October 8 when 282 MPs voted in favour of the special motion with 44 voting against the impeachment with one legislator abstaining the vote.
