A 766-Day Tenure Ends: Senate Formalizes Impeachment of Deputy President Gachagua, What Next?

A 766-Day Tenure Ends: Senate Formalizes Impeachment of Deputy President Gachagua, What Next?

Former Deputy President Rigathi Gachagua’s tenure of 766 days in office came to an abrupt end when the Senate approved his impeachment. The Senate completed voting on all 11 grounds of the impeachment motion by midnight on Thursday, October 17.

Out of the 11 charges, five were approved, surpassing the required two-thirds majority for at least one charge against a state officer. The decision, followed by its official publication in the gazette, marked a historic moment as Gachagua became the first sitting Deputy President to be impeached.

Senate Speaker Amason Kingi has officially gazetted the impeachment of Rigathi Gachagua, The Gazette Notice, dated October 17, 2024, was released immediately after the Senate passed the motion.

Grounds for Impeachment

In the notice, Speaker Kingi outlined the five out of 11 grounds that the Senate used to justify the removal of Gachagua. These grounds are as follows:

1. Gross violation of the Constitution: Specifically, Articles 10 (2) (a), (b), and (c); 27 (4); 73 (1) (a) and (2) (b); 75 (1) (c); and 129 (2) of the Constitution. This is coupled with a violation of Article 147 (1) in conjunction with Articles 131 (2) (c) and (d).
2. Violation of judicial independence: Gachagua was accused of violating Article 160 (1) of the Constitution, which guarantees the institutional and decisional independence of judges.
3. Fidelity to the Oath of Office: The Senate noted a gross violation of Articles 3 (1) and 148 (5) (a) of the Constitution, focusing on Gachagua’s failure to uphold his oath of office and allegiance.
4. Alleged criminal acts: The Senate found serious reasons to believe that Gachagua had committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act.
5. Gross misconduct: Gachagua was accused of conduct incompatible with the dignity of the Deputy President’s office and the Cabinet. He publicly criticized and undermined the National Security Intelligence Service (NSIS) and its officers, which was seen as incompatible with his responsibilities as a member of the National Security Council.

Next Steps

With his removal, the Deputy President’s office is now vacant, and discussions have emerged regarding potential successors for the role. In a sign that Gachagua’s fate was sealed, the National Assembly adjusted its calendar to convene a special sitting on Friday to address ‘urgent matters.’

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The next course of action lies with the President, who is expected to nominate a replacement. The nominee’s name will then be submitted to the National Assembly for approval, following standard constitutional procedures.

This impeachment underscores the gravity of the issues cited and sets the stage for the appointment of a new Deputy President to assume the responsibilities left vacant by Gachagua’s removal.

Following this, the President has 14 days to nominate a replacement to the National Assembly. The nominee must fulfill the qualifications for Deputy President, as outlined by the Independent Electoral and Boundaries Commission (IEBC).

Qualifications for the Deputy President Nominee

The nominee must meet specific criteria, which include:

• Being a Kenyan citizen by birth
• Not holding allegiance to a foreign state
• Holding a degree from a recognized university
• Meeting the ethical standards stipulated in the Leadership and Integrity Act
• Being of sound mind
• Not serving a prison sentence of six months or more
• Not violating Chapter Six of the Constitution
• Not being previously removed from office

Nomination Process and National Assembly Approval

Once the President submits the nominee’s name, the National Assembly has 60 days to vote on the approval. Upon approval, the President formally appoints the nominee as the Deputy President.

Although the Constitution does not specify the timeframe for the appointment, it is generally expected to occur immediately after parliamentary approval.

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According to Article 149 (8), a Deputy President is only considered to have served a full term if they remain in office for more than two and a half years.

With Gachagua’s impeachment, he forfeits the retirement benefits typically accorded to Deputy Presidents, as he did not complete a full term in office.

A 766-Day Tenure Ends: Senate Formalizes Impeachment of Deputy President Gachagua, What Next?

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