The Decision to Support the Impeachment of Deputy President Rigathi Gachagua is in the ‘Best Interests’ of the Country

The potential impeachment of Deputy President Rigathi Gachagua has been framed as a move in the ‘best interests’ of the nation, with serious charges leveled against him. Let’s closely examine these allegations.

The Charges Against Gachagua
DP Gachagua faces accusations of gross violations of multiple constitutional provisions, including Articles 10 (2)(a), (b), (c); 27 (4); 73 (1)(a), (2)(b); 75 (1)(c); and 129 (2) of the Constitution. These are tied to principles of governance, leadership integrity, and upholding the rule of law. Moreover, the Deputy President is charged under Article 147 (1), read together with Articles 131 (2)(c) and (d), which outlines the Deputy President’s roles and relationship with the presidency.

A significant aspect of the charges relates to his alleged violation of Articles 147 (1) and 152 (1), which concern undermining the President, the Cabinet, and the national government’s executive mandate. Such actions would disrupt the effective functioning of the government at its highest levels.

Further accusations cite Gachagua’s undermining of devolution, violating Articles 6 (2), 10 (2)(a), 174, 186 (1), 189 (1), and provisions in the Fourth Schedule of the Constitution, which are aimed at ensuring cooperation between national and county governments. These charges strike at the heart of the constitutional devolution framework, a pillar of Kenya’s governance.

The Deputy President is also accused of violating Article 160 (1), which safeguards the independence of the judiciary, and Articles 3 (1) and 148 (5)(a), which emphasize fidelity to the Oath of Office and Allegiance.

Gross Misconduct Allegations
Gachagua has further been charged with gross misconduct for consistently bullying public officers and for his alleged public insubordination of the President. These claims paint a picture of a toxic and dysfunctional working relationship at the highest level of government, undermining the very leadership expected to guide the country.

The Path to Impeachment
The fate of DP Gachagua lies in the hands of the Senate. If at least two-thirds of the total 67 senators (a minimum of 45) vote in favor of sustaining the impeachment charges, Gachagua will immediately cease to hold office.

A Silver Lining?
Despite the gravity of the charges, Gachagua has the legal right to appeal the impeachment in court. However, if the courts uphold the Senate’s decision, the office of the Deputy President will be declared vacant.

Conclusion
In the event of a vacancy, the Constitution provides for a smooth transition. The President must nominate a new Deputy President within 14 days, and the National Assembly is required to vote on the nomination within 60 days. This ensures that the country can move forward, even in the face of political upheaval.