Senate Speaker Kingi Issues Special Gazette Notice, Declares Rigathi Gachagua’s Office Vacant After Impeachment

0

The special Kenya Gazette notice, issued by Speaker Kingi shortly after the vote, formalizes Gachagua’s removal from office, making him the first Deputy President in Kenya’s history to be impeached and ousted from his position.

Deputy President Rigathi Gachagua. Photo/Capital News.

In a historic and far-reaching political event, Senate Speaker Amason Kingi has officially gazetted the impeachment of Deputy President Rigathi Gachagua, declaring the office of the Deputy President vacant.

This momentous decision follows a decisive vote by the Senate, where Gachagua was found guilty of five out of eleven charges, ranging from gross constitutional violations to misconduct in public office. The special Kenya Gazette notice, issued by Speaker Kingi shortly after the vote, formalizes Gachagua’s removal from office, making him the first Deputy President in Kenya’s history to be impeached and ousted from his position.

The charges against Gachagua included a wide array of alleged constitutional breaches, with the first count—gross violation of Articles 10 (2)(a), (b), and (c) on national values, Article 73 on leadership integrity, and other key provisions of the Constitution—receiving overwhelming support in the Senate. A total of 53 senators voted in favor of this charge, while 13 opposed it.

Speaker Kingi, in his formal address after the Senate session, underscored the gravity of the situation, stating, “The Senate has acted in full compliance with its constitutional mandate. The decision to impeach the Deputy President is not one that was taken lightly, but it is a necessary action to uphold the rule of law and protect the integrity of the office.”

The impeachment motion, which was driven by concerns about Gachagua’s alleged undermining of key government institutions, national values, and judicial independence, led to heated debates and divided opinions among senators. Despite Gachagua being acquitted on some charges, including undermining devolution and allegations of economic crimes, the votes on the remaining charges sealed his fate.

The breakdown of the votes on the key charges is as follows:

1. Gross Violation of Constitutional Articles 10, 27, 73, 75, 129, and 147
Ayes: 53
Nays: 13

This charge highlighted the violation of Kenya’s national values, particularly in relation to the Deputy President’s failure to adhere to the principles of integrity, inclusiveness, and leadership. It was the most strongly supported count, and it set the stage for Gachagua’s impeachment.

2. Gross Violation of Articles 147 (1) and 152 (1) by Undermining the President and Cabinet
Ayes: 28
Nays: 39

The Senate was more divided on this charge, which accused Gachagua of undermining the President’s authority and the collective responsibility of the Cabinet. While the motion failed, it raised serious concerns about his conduct within the executive branch.

3. Undermining Devolution, in Violation of Articles 6, 10, 174, 186, 189, and the Fourth Schedule
Ayes: 19
Nays: 45
Abstentions: 3

This count, which focused on Gachagua’s alleged efforts to weaken the devolution process, was rejected by the Senate. Nevertheless, it reflected the ongoing tensions between the national government and county administrations during his tenure.

4. Gross Violation of Judicial Independence Under Article 160 (1)
Ayes: 51
Nays: 16

This charge, which was among the most controversial, accused Gachagua of interfering with the independence of the judiciary. A significant majority of senators supported his impeachment on this ground, signaling widespread disapproval of his actions toward the judiciary.

5. Violation of Oath of Office and Allegiance under Articles 3 (1) and 148 (5)(a)
Ayes: 49
Nays: 16
Abstentions: 2

On this count, Gachagua was found guilty of violating his oath of office, with nearly 50 senators voting in favor of impeachment. This charge reinforced the argument that Gachagua had failed to uphold the duties and responsibilities entrusted to him as Deputy President.

6. Serious Breach of the National Cohesion and Integration Act, Sections 13 and 62
Ayes: 48
Nays: 18
Abstentions: 1

The Senate voted overwhelmingly in favor of this charge, which alleged that Gachagua’s public remarks and actions had sown division and undermined national unity. The accusations included making inflammatory statements that fueled discord among different communities.

7. Gross Economic Crimes Under the Anti-Corruption and Economic Crimes Act
Ayes: 13
Nays: 53
Abstentions: 1

Despite being a serious charge, the Senate voted against Gachagua’s impeachment on allegations of economic crimes. This count focused on claims that the Deputy President was involved in corrupt activities, but it did not garner enough support for conviction.

8. Making False, Malicious, and Inciteful Public Remarks
Ayes: 27
Nays: 40

This charge, which focused on Gachagua’s alleged tendency to mislead the public and make divisive remarks, was also rejected by the Senate. However, the charge highlighted ongoing concerns about the Deputy President’s conduct in public office.

9. Undermining the National Security Council and Publicly Attacking Security Agencies
Ayes: 46
Nays: 20
Abstentions: 1

On this count, Gachagua was found guilty of undermining the National Security Council and publicly criticizing its officers. The Senate’s vote reflected widespread disapproval of his handling of sensitive national security matters.

Despite the divided nature of some votes, the majority of senators agreed that Gachagua had breached the Constitution on several key issues. As a result, Speaker Kingi’s gazettement of the impeachment is now the final step in formalizing Gachagua’s removal from office.

A section of the Kenya Gazette Notice over the impeachment of the Deputy President Rigathi Gachagua

The country now awaits the next course of action, with discussions about potential successors already beginning to surface. This unprecedented impeachment has not only changed the political dynamics of Kenya but also raised questions about accountability and governance at the highest levels of the executive branch.

About Author

Leave a Reply

Your email address will not be published. Required fields are marked *