Two Tactics for Gachagua to Dodge Impeachment
As the movement to impeach embattled Deputy President Rigathi Gachagua intensifies, he finds himself facing the most significant challenge of his political journey. Despite the pressure, Gachagua has remained resolute, vowing to fight against the attempts to remove him from office until the very end.
In a televised address on October 7, Gachagua dismissed rumors that he was considering resignation before being removed. Speculation has arisen that he may step down in light of his aspirations to become the President of Kenya.
“I have no intention of resigning from my position. I will fight until the end,” he declared.
On Tuesday, October 8, lawmakers voted overwhelmingly to remove Gachagua from office, with 281 supporting the motion, 44 opposing it, and one abstaining.
Since the impeachment motion was introduced, Gachagua has faced increasing marginalization. Some legislators have accused him of corruption, failing to support President William Ruto and his policies, and unjustly criticizing the nation’s leading security agencies.
Two Remaining Options
With the National Assembly approving the impeachment, Gachagua now has only two options left.
Senate Intervention
As the Senate becomes the new battleground, Gachagua will need the support of at least seventeen out of the forty-seven Senators to preserve his political future.
The critical concern is that if the Senators vote for his impeachment, he will lose the ability to run for office again.
During their Wednesday morning session, Senators agreed to bring the matter to the plenary for discussion. Speaker Kingi ordered that the matter be addressed over two days, after which all eleven charges against Gachagua will be examined.
The Senate will have ten days to conduct investigations and present findings for further debate. During these discussions, they will call on the beleaguered deputy president to defend himself.
On Sunday, Gachagua assembled a team of prominent lawyers to represent him. His legal team includes Senior Counsels Paul Muite, Victor Swanya, Tom Macharia, Amos Kisiul, and Elisha Ongoya.
Gachagua’s attorneys, speaking to the media, emphasized their readiness to defend him against the accusations brought by the MPs supporting the motion. “We have thoroughly examined the allegations against His Excellency as Deputy President and we are prepared,” said Lawyer Swanya.
Once Gachagua presents his defense, lawmakers will have the opportunity to vote on all eleven charges. If two-thirds of the Senate supports the impeachment, he will be dismissed.
Legal Proceedings
Should he be impeached, Gachagua would become the first deputy president to be removed from office since the 2010 constitution was enacted. However, he would have the option to challenge his impeachment in court.
In a phone interview with Kenyans.co.ke, lawyer Haron Ndubi indicated that Gachagua is likely to file a petition with the Supreme Court due to the political significance of the impeachment case.
The court will review the circumstances surrounding the impeachment, and if it finds any procedural errors made by the Senate or National Assembly, the Supreme Court could annul the Senate’s decision.
“If Gachagua is dissatisfied, he would appeal directly to the Supreme Court, bypassing the High Court. Challenges regarding the impeachment of the president or deputy president do not go through the High Court,” the constitutional lawyer explained.
“If there are constitutional matters needing interpretation, they will be taken to the Supreme Court, especially since there are also ongoing petitions in the High Court,” he added.
The push for impeachment follows Gachagua’s determined efforts to prevent his removal. Over the past three weeks, five petitions opposing the deputy president’s impeachment were filed in court, but these attempts to halt the process have not succeeded.
With President William Ruto remaining silent on the issue, the move to impeach Gachagua has the potential to fracture the ruling Kenya Kwanza Coalition. Some legislators are urging President Ruto to intervene to prevent the situation from escalating further.
Two Tactics for Gachagua to Dodge Impeachment