Senate Plenary Set for Gachagua’s Impeachment as Committee Motion Flops
The Senate is set to hear the impeachment motion against Deputy President Rigathi Gachagua next week on Wednesday and Thursday in a plenary session.
This decision was made on Wednesday morning, enabling all 47 Senators to participate in the proceedings regarding Gachagua’s case and subsequently present a report to the House.
The resolution followed opposition from Senate Minority Leader Edwin Sifuna, who challenged the proposal to have a committee of 11 senators review the motion against Gachagua.
During a Senate session, Sifuna was asked to support the motion put forward by Majority Leader Aaron Cheruiyot. Cheruiyot emphasized, “This is uncharted territory as the Senate is being called to conduct the impeachment hearing of a Deputy President. While it is constitutional, it marks a first occurrence. I urge members to agree to elect 11 of our most astute members to deliberate on our behalf and reach a decision.”
Sifuna declined to second the motion, asserting, “This is a unique matter that has garnered public interest. Given the current sentiment in the house, particularly from the minority side, I respectfully refuse to second that motion.”
This left the Senate with no choice but to proceed with all members hearing the impeachment motion against Gachagua. Consequently, Speaker Amason Kingi instructed that Gachagua submit his responses by Monday at 5:00 PM.
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Kingi also specified that the Senate would hear the impeachment motion against DP Gachagua on Wednesday and Thursday, October 16 and 17.
“You will note that the Senate Majority Leader has proposed a motion; however, it has failed to receive a second. According to Standing Order 70 of the Senate’s Standing Orders, a question on any motion cannot be proposed unless it has been seconded, and any motion that is not seconded will be regarded as withdrawn and cannot be reintroduced in the same session,” Kingi stated.
Prior to that, the Senate clerk will send communications today to Gachagua and the National Assembly regarding the plenary schedule and the deadlines for filing responses. The Senate clerk has until Tuesday evening to distribute all documents related to the motion to all Senators.
On Tuesday, October 8, the National Assembly voted in favor of impeaching DP Gachagua, making him the first deputy president to face such a fate under the 2010 Constitution. He now has the chance to remain in office if he can persuade senators that the allegations against him lack merit.
In the Senate, unlike in the National Assembly, the proponent of the motion, MP Mwengi Mutuse, will have the chance to call witnesses and present additional evidence against Gachagua. The deputy president will have the opportunity to cross-examine these witnesses and introduce counter-evidence to challenge their testimonies.
Gachagua will also have the right to summon witnesses to either discredit or support his defense against the 11 charges he faces. In the Senate voting process, senators will evaluate each charge individually, and if he is found guilty of even one, the impeachment from the National Assembly will be upheld.
If Gachagua is dissatisfied with the Senate’s decision, he can take the matter to court, potentially prolonging the process. With only three years remaining in the Kenya Kwanza administration, this political restructuring could compel President William Ruto to reconsider his strategy for the 2027 elections.
Senate Plenary Set for Gachagua’s Impeachment as Committee Motion Flops
