Kenya Insights

Tag: Gachagua’s Impeachment

  • Gachagua Impeached As Kenya’s Deputy President

    Gachagua Impeached As Kenya’s Deputy President

    Senators have voted to impeach the Deputy President Rigathi Gachagua Thursday evening after approving five of the 11 charges levelled against him in the historic impeachment motion.

    Before undertaking the vote, Senate Speaker Amason Kingi directed senators to vote on all 11 charges, noting that the threshold to move the motion needed 45 senators to vote in favor for the charge.

    “Honerable senators, these are the guidelines on how we are going to move forward: All Senators are eligible to cast their votes, the threshold is 45 senators and we are going to vote for the charges separately. So we are going to vote 11 times.” Senate Speaker directed.

    The development coming after 281 Members of the National Assembly voted to impeach the Deputy President following a motion tabled by Kibwezi West MP Mwengi Mutuse.

    The motion by Mutuse laid 11 grounds for DP Gachagua’s ouster ranging from gross violations of the constitution and other laws such as the Anti-Corruption and Economic Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act, the Leadership and Integrity Act and the National Cohesion and Integration Act.

    DP Gachagua was expected to appear before Senate as a witness for cross examination but was taken ill, Thursday afternoon.

    He is currently undergoing treatment at Karen Hospital, where he is reported to be suffering from intense chest pains.

    Senior Counsel Paul Muite urged the Senate to postpone the proceedings until Tuesday, citing Gachagua’s health condition and the need for the Deputy President to physically present his defense.

    However, Senate resolved to continue with the impeachment proceedings against Deputy President Rigathi Gachagua despite his lawyer’s request for an adjournment to allow him time to recover and appear in person.

    The Speaker of the Senate Amason Kingi ruled that the adjournment request must be decided by the Senate and not unilaterally by the Speaker calling upon the Majority Leader to move a motion to adjourn to Saturday, October 19.

    Lawyers representing the National Assembly opposed the adjournment, insisting that the trial should proceed in accordance with Senate rules, even in the absence of the Deputy President.

    They argued that Gachagua had the option of being represented or submitting documents, as permitted by Senate standing orders.

    The motion to adjourn was, however, defeated after a majority of senators declined to support it.

    Speaker Kingi emphasised the Senate’s obligation to adhere to constitutional timelines, pointing out that the impeachment process must be concluded within 10 days.

    “The Senate has a greater duty to comply with the Constitution and stick to the strict timeline of 10 days,” Kingi stated.

    However, the Deputy President’s legal team walked out in protest after the Senate rejected the motion to adjourn to Saturday.

    “We shall be perpetuating an illegality if we were to sit in parliament without instructions from our client,” said Lawyer Ndegwa Njiru.

    Charges Against Gachagua

    The 11 charges facing Gachagua range from allegations of financial misconduct to accusations of ethnic divisiveness.

    The impeachment motion accuses him of undermining President William Ruto’s government and engaging in corrupt activities, including using proxies to amass significant wealth and state property.

    In addition, Gachagua has been accused of fostering division by engaging in politics that exploits ethnic tensions, a serious charge in Kenya’s delicate political landscape.

    One of the most damning accusations is that Gachagua manipulated his ailing brother, Nderitu Gachagua, into signing a will from his sickbed to acquire family assets, including a hotel.

    Kibwezi West MP Mwengi Mutuse, who sponsored the impeachment motion, argued that Gachagua’s conduct amounted to “extraordinary wrongdoing” and warranted immediate removal from office.

    Mutuse also claimed that Gachagua had amassed wealth estimated at Ksh 5.2 billion through corrupt dealings, using his influence to award lucrative government tenders to family members and friends.

    However, Gachagua has dismissed all the accusations as false, calling the charges “ridiculous and embarrassing.”

  • List Of Lawyers In Gachagua’s Impeachment Trial In The Senate Led By Senior Counsel Orengo And Paul Muite

    List Of Lawyers In Gachagua’s Impeachment Trial In The Senate Led By Senior Counsel Orengo And Paul Muite

    Siaya Governor James Orengo is spearheading the legal team representing the National Assembly in the impeachment motion against Deputy President Rigathi Gachagua.

    Orengo’s legal team includes prominent lawyers Paul Nyamodi, Eric Gumbo, Moses Kipkogei, Muthomi Thiankolu, Peter Wanyama, Melly Kennedy Kipkoech, and Joan Jeruto.

    Other members of the legal team are Muriuki Eric Mwirigi, Mwereru Boniface Mawira, Ondago Kevine Otieno, Alex Mbaya, Kennedy Kyalo, and John Mwangi Kang’u.

    The designated Members of Parliament attending the proceedings include Rarieda MP Otiende Amollo, George Murugara, Samuel Chepkong’a, John Makali, and Zamzam Mohammed.

    The witnesses for the National Assembly are Kibwezi West MP Eckomas Mwengi Mutuse, former KEMSA CEO Andrew Mulwa, Secretary to the Cabinet Mercy Wanjau, Nairobi Governor Johnson Sakaja, and businessman Peterson Njomo Muchira.

    On the defense side, Gachagua’s legal team is led by Senior Counsel Paul Muite, alongside Elisha Ongoya, Ndegwa Njiru, Faith Waigwa, Amos Kisilu, Tom Macharia, Swanya Victor Ogeto, John Njomo, George Wandati, George Sakimpa, Andrew Muge, Eric Naibei, Juliah Omwamba, and Willis Echesa.

    Gachagua is the sole witness for his defense.

    However, Gachagua’s legal team has raised an objection to Governor Orengo’s participation in the proceedings, citing a conflict of interest due to his position as a serving state officer.

    Lawyer Ndegwa Njiru argued that Orengo was a state officer serving as a first term governor and past decisions made by the house have squashed attempts of public officers to represent clients in the house due to conflict of interest.

    “Governor James Orengo is a full-time serving state officer as per Article 260 of the constitution which bars a full-time state officer from engaging in meaningful employment. It would be prejudicial for this house to allow Orengo to represent National Assembly in these proceedings,” he said.

    Njiru cited Kisii Deputy Governor Robert Monda case where Senate Speaker Amason Kingi allowed the preliminary objection raised by Nandi Senator Samson Cherargei to disallow National Assembly Majority Whip Sylvanus Osoro from representing the Deputy Governor.

    “Just recently this house which is a house of record during the impeachment of the Kisii Deputy Governor, the county assembly attempted to appear by legal counsel Sylvanus Osoro (South Mugirango MP) which was raised by Senator Cherargei which was sustained,” he said.

    Gachagua’s counsel also buttressed his objection based on a High Court ruling by Justice Ogolla barring Governor James Orengo from representing Kenya Ports Authority Managing Director Daniel Manduku.

    “A person engaged in direct employment cannot purport to appear and represent a party before this assembly. It will raise serious conflict of interest, the same will prejudice our client and also in violation of key provisions of the law,” Njiru remarked.

  • Gachagua’s Impeachment Could Divide The Country, NCIC Warns

    Gachagua’s Impeachment Could Divide The Country, NCIC Warns

    The National Cohesion and Integration Commission (NCIC) has warned that the unity of the country will be threatened if Deputy President Rigathi Gachagua is impeached by the Senate.

    The commission through its chair Samuel Kobia on Monday warned about the possibility of conflicts between Kenyans if Senators uphold the decision of the National Assembly to impeach DP Gachagua.

    Senators are on Wednesday and Thursday this week expected to consider the motion before taking a vote.

    DP Gachagua will stand impeached if the decision is upheld.

    “Our major concern is that the way this process is shaping up could easily lead to conflicts between the people of Mt Kenya area and people from other parts of the country, this is what we are worried about,” Kobia warned.

    “We feel that the Senate in handling this matter should do it in a way that all Kenyana will feel that it has been fair and it has been done according to the law.”

    He further stated that the commission will have a keen interest in one of the charges facing the DP and that is threatening the national cohesion of the country.

    DP Gachagua is facing 11 charges.

    He however denied the allegations.

    Kibwezi West MP Mwengi Mutuse preferred 11 charges upon which MPs voted to send President William Ruto’s principal assistant packing.

    The accusations include gross violation of the constitution, undermining the President, undermining devolution, irregular acquisition of wealth, publicly attacking a judge, intimidating acting Kemsa CEO, promoting ethnicity and insubordination to the President among other charges.

    A total of 281 MPs voted in favour of the ouster motion against 44 who voted to save his young political career from sudden death.

    One MP abstained from voting. Only 233 MPs were needed to support the motion for Gachagua to stand impeached.

    The DP was given a chance to defend himself against all the accusations leveled against him in the motion.

    The besieged DP said he had full trust that the legislators would make the right decision.

    “Look, reflect and apply your conscience and make the right decision,” he said.

    “I have tremendous respect for the National Assembly and your ability and capacity to make the right decision.”

  • Is Ruto Done With Rigathi? Steers Off Impeachment Talk Despite DP’s Forgiveness Plea

    Is Ruto Done With Rigathi? Steers Off Impeachment Talk Despite DP’s Forgiveness Plea

    President William Ruto has distanced himself from the woes facing his Deputy Rigathi Gachagua following an impeachment motion tabled by Kibwezi West Member of Parliament Mwengi Mutuse.

    Despite the incessant push by Gachagua’s allies for  the President’s intervention to alleviate the matter, he remained silent on the issue.

    Attending a church service at AIC Milimani, Nairobi, the President steered off such talks in a move that has left tongues wagging following the end of the public participation exercise on the impeachment motion.

    Instead, he reaffirmed that his administration will not impose regulations on religious activities in the country, emphasizing the constitutional guarantee of freedom of worship.

    President Ruto underscored that any reforms to regulate religious institutions should be driven by the institutions themselves, as recommended by the Presidential Taskforce chaired by Rev. Mutava Musyimi.

    The task force, which was established to provide a policy framework for addressing religious extremism, sects, cults, and similar organizations, was formed in response to the gaps identified in the current legal framework.

    “I urge those with ideas to allow religious leaders to define how they wish to regulate themselves and how religious organizations will proceed, as recommended by the task force I appointed under Rev. Mutava Musyimi,” President Ruto stated.

    The President encouraged stakeholders to respect the Constitution when proposing policies on self-regulation and government oversight of religious organizations.

    The Mutava-led task force was formed in May 2023, following the discovery of mass graves in Shakahola Forest, Kilifi County, where the bodies of followers of Pastor Paul Mackenzie of the Good News International Church were found.

    Mackenzie, a self-proclaimed preacher, is accused of leading hundreds of people to starve themselves to death.

    “I want to remind those involved in this process that the Kenyan Constitution is explicit, and there will be no compromise or limitation on the freedom of worship,” Ruto stated firmly.

    The President further assured that his government would protect freedom of worship and reject any legislative efforts that could curtail religious practices in Kenya.

    “We will defend freedom of worship without compromise, and there will be no limitations imposed. I am aware of proposals from some quarters regarding the regulation of churches and religious activities,” he affirmed.

    This comes amid the introduction of a proposed bill aimed at regulating religious organizations. Under the bill, religious leaders operating unregistered organizations could face a fine of Sh5 million, three years in jail, or both.

    The bill, sponsored by Tana River Senator Danson Mungatana, has already been introduced in the Senate for its first reading. It follows the Senate ad-hoc committee’s investigation into the mass deaths in Shakahola, linked to religious extremists.

    The Religious Organizations Bill of 2024 proposes a legal framework with punitive measures for unregistered religious institutions and fraudulent operators.

     “A person shall not establish, manage, or operate a religious organization or assist in such activities unless the organization is registered,” the bill states.

    It also targets religious leaders who exploit followers using manipulative prayers and fake miracles for financial gain, proposing a fine of Sh5 million or up to 10 years in prison for such acts.

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    The bill highlights the fragmented nature of current regulations, noting that there is no central authority to enforce compliance.

    It proposes that religious organizations be eligible for registration if supported by at least 25 individuals of the same faith and endorsed by an umbrella religious body.

    Additionally, organizations must belong to an umbrella body supported by at least 25 other registered religious organizations.

  • ‘I Don’t Need Anyone’s Approval, Internet Has Never Liked Me Anyway’ : Kasmuel McOure Lashes Out At Critics Over His Bomas Remarks Calling For Rigathi’s Impeachment

    ‘I Don’t Need Anyone’s Approval, Internet Has Never Liked Me Anyway’ : Kasmuel McOure Lashes Out At Critics Over His Bomas Remarks Calling For Rigathi’s Impeachment

    Kasmuel McOure has broken his silence after a section of Kenyans branded him a “sell-out” after he appeared to support MPs move to impeach Deputy President Rigathi Gachagua in his speech at the Bomas of Kenya on Friday, October 4.

    The political activist, who gained fame during recent Gen Z protests against the Kenya Kwanza Government, received even more backlash after he failed to address the attack on Morara Kebaso at the same venue when he rose to speak to the crowd.

    In his speech, Kasmuel did not show any sympathy to call out the violence meted on his fellow youthful activist, he went straight to highlight why DP Gachagua should be impeached, appearing to side with MPs.

    But in a rejoinder, Kasmuel says that contrary to what some might believe, a revolution is not a popularity contest.

    “I went to the streets because I was sick and tired of the miserable lives my people and I were living. We went to the streets because we had nothing to lose but our miserable lives,” Kasmuel wrote on X. “I don’t need anyone’s approval to do what’s right for our country.”

    ‘Internet has never liked me anyway’

    Kasmuel reiterated that he will continue to fight for the betterment of Kenyans’ social and material conditions, as well as for the stability of the country.

    “If this will cost me popularity, so be it. The Internet has never liked me anyway. If it will cost me work, so be it. Our youth are languishing in unemployment. If it will cost me my life, I’ve said it time without number, so be it. I shall do my honest part, speak truth to power at any opportunity I get, while advocating for a stable Kenya for all of us to thrive.”

    He also had a message for those castigating him. “If you don’t like the way I agitate for change, go out and be the change you want to see.”

  • 20 Lawyers Led By Paul Muite To Represent DP Gachagua In Parliament

    20 Lawyers Led By Paul Muite To Represent DP Gachagua In Parliament

    Deputy President Rigathi Gachagua is said to be banking on the services of about 20 law firms that will defend him against 11 charges contained in the motion seeking his ouster at Parliament.

    The DP who has gone under in the last five days is said to have been meeting the lawyers in a bid to put up a spirited fight to thwart the attempt to kick him out of office.

    Sources privy to Gachagua’s battery of lawyers say the team will be led by veteran Senior Counsel Paul Muite who will team up with one of Kenya’s best legal minds Fred Ngatia in facing Gachagua’s accusers at the National Assembly and the Senate if the motion sails through.

    The team is also mulling going all the way to the Supreme Court if they fail to save Gachagua in Parliament and at the lower courts.

    Victor Swanya, one of the lawyers who filed a case earlier this week to stop his impeachment motion at the National Assembly, in an interview confirmed that Muite will be the face of Gachagua’s legal team.

    Swanya confirmed that the DP will be represented by a team of about 20 lawyers.

     “Senior Counsel Paul Muite is the one who is leading us. We have counsels Tom Macharia and Amos Kisilu. Elisha Ongoya and others,” he said.

    According to Swanya, they have assessed the charges facing Gachagua and they are prepared to take on the matter head-on.

    “We have looked through the points, the accusations of the deputy president, and we’re prepared to deal with the,” he said.

    Gachagua’s legal team is banking their defence on the public participation exercise which they say did not meet the constitutional threshold.

    “You are giving a notice at night and people are supposed to wake up and participate in that exercise. How fair is that? We have people who worship on Saturday and such they cannot participate in the exercise. Notice should be reasonable,” he said.

    The DP is said to have met his legal team on Saturday in one of the regular meetings that aim to mount a fightback plan.

    Muite is a seasoned Lawyers who has been in the corridors of justice for decades representing clients in several top cases that have been the subject of public concerns.

    He successfully represented former Embu Governor Martin Wambora who challenged his impeachment by the Senate Assembly in courts while serving as county boss.

    In the case, Muite relied on the failure to conduct adequate public participation to thwart the removal of Embu governors from office.

    Ngatia on the other hand is one of the most revered lawyers in the country. He represented President William Ruto in the 2022 General Election petition.

    He has also represented Former President Uhuru Kenyatta in the 2013 and 2017 Presidential petitions.

    Ongoya on his part is remembered as one of the top legal minds who mounted a spirited fight that killed the Building Bridges Initiative that went all the way to the Supreme Court of Kenya.

    He was the lead counsel of Meru Governor Kawira Mwangaza in the last two impeachment motions at the Senate Assembly.

    He successfully represented Mwangaza in the first impeachment in which Mwangaza won after Senators voted to keep him in office.

    In the second impeachment, however, Senators voted to remove the governor from office, which is currently pending in court after her lawyers secured orders staying the Senate verdict.

  • Gachagua’s Fate: The Impeachment of a Deputy President In Kenya

    Gachagua’s Fate: The Impeachment of a Deputy President In Kenya

    Kenya is no stranger to political turmoil, and the current situation is no different. Two years into office, President William Ruto’s fallout with Deputy President Rigathi Gachagua has reached a boiling point.

    Political insiders have hinted at a brewing storm, with impeachment plans against Gachagua gaining momentum.

    The alliance between Ruto and opposition leader Raila Odinga has raised eyebrows, leading to claims that the new political pact is designed to push Gachagua out of office.

    With over 116 lawmakers reportedly supporting the motion, Kenya may be on the verge of witnessing a significant political shift.

    Gachagua’s Impeachment

    Gachagua’s Fate: Will His Impeachment Be a Political Earthquake?

    The push to impeach Deputy President Rigathi Gachagua has ignited political tremors across Kenya, with alliances shifting ahead of the 2027 elections.

    Gachagua, once seen as a close ally to President Ruto, now faces opposition from within the government. However, Gachagua’s political survival could lead to unexpected realignments.

    Former Vice President Stephen Kalonzo and DAP-K leader Eugene Wamalwa have vowed to stand by Gachagua, positioning themselves for a potential coalition with the left-leaning remnants of Azimio.

    This would create a formidable opposition block against Ruto’s camp, signaling a dramatic shift in the country’s political dynamics.

    The impeachment effort, initially seen as political maneuvering, could trigger a seismic realignment as Gachagua’s camp seeks new allies.

    With 2027 on the horizon, these evolving alliances could drastically reshape Kenya’s leadership and future political landscape, leaving the nation’s power balance in flux. All eyes are on the next move.

    The Process of Impeaching a Deputy President in Kenya

    Kenya’s Constitution provides a clear legal framework for impeaching a Deputy President, though it’s a rare occurrence in the country’s history.

    Under Article 150, the process can be initiated on several grounds: physical or mental incapacity, gross violation of the Constitution or any other law, serious criminal allegations, or gross misconduct.

    This process mirrors that of removing a sitting President, meaning it requires careful legal and political maneuvering to succeed.

    The process starts with a motion in the National Assembly, which must garner the support of at least one-third of the Members of Parliament (MPs).

    Once the motion is submitted, the National Assembly Speaker reviews it, and if the grounds for impeachment are valid, it moves to the next phase.

    If the motion is approved by at least two-thirds of MPs, it then moves to the Senate, where a special committee is formed to investigate the allegations.

    The Deputy President has the right to defend themselves before this committee, and if the committee finds merit in the allegations, the Senate must vote. A two-thirds majority in the Senate is required to finalize the impeachment.

    The Political Battle Behind Gachagua’s Impeachment

    The growing tension between President William Ruto and his deputy, Rigathi Gachagua, has created a political fissure within the Kenyan government.

    Gachagua has accused Ruto of betraying their pact by forming an alliance with opposition leader Raila Odinga.

    Many believe this new relationship with Odinga is a calculated move to sideline Gachagua and consolidate power.

    Gachagua’s claims of insubordination, fueled by political whispers, have only intensified the impeachment push.

    The alliance between Ruto and Odinga has left many of their respective allies excited and nervous in equal measure.

    On one hand, this newfound cooperation could stabilize the country by promoting unity between the ruling party and opposition.

    On the other hand, it presents a serious threat to Gachagua’s position, as Raila’s influence could easily sway members of the opposition to back the impeachment motion.

    The Role of Parliament and Political Maneuvering

    The impeachment process against Rigathi Gachagua has reportedly gained support from more than 116 MPs, surpassing the one-third threshold required to table the motion.

    According to insiders, the motion may be tabled even before President Ruto returns from his trip to the United States. However, the process is delicate, and any misstep could provide Gachagua with an opportunity to defend himself against these allegations.

    Reports suggest that MPs from both Ruto’s camp and Raila’s camp are involved in the plotting, with Leader of Minority Junet Mohammed receiving direct instructions from Raila Odinga to rally support for the impeachment.

    The bipartisan nature of this motion demonstrates the fragility of political alliances in Kenya, where allegiances can shift dramatically in response to changing political winds.

    One question lingers: Why now? Some argue that Gachagua’s outspoken nature and disagreements with the president have isolated him within government circles.

    Others point to the fact that Ruto’s administration has faced significant challenges, including economic hardships and widespread corruption allegations, and that removing Gachagua could be part of a larger strategy to regain public trust.

    What Happens After an Impeachment?

    Should Rigathi Gachagua be impeached, the Constitution outlines the next steps. Within 14 days, the President must nominate a new Deputy President, subject to a vote in the National Assembly.

    This nomination process is highly significant, as it could either solidify Ruto’s grip on power or deepen divisions within the government.

    If Gachagua is impeached, the political ramifications will be felt far beyond his removal. The process could destabilize Ruto’s government, potentially alienating the Mount Kenya region, which has been a key support base for both Ruto and Gachagua.

    The fallout could also affect the future of the 2027 general elections, with the political landscape reshaping itself in the wake of these events.

    Kenya’s political class is known for its ability to forge and break alliances based on convenience. The Ruto-Raila pact may hold for now, but if history is any indication, these alliances are often temporary.

    What will remain in the public’s memory, however, is the precedent that will be set if a Deputy President is impeached in such a dramatic fashion.

    A Political Earthquake on the Horizon?

    The potential impeachment of Deputy President Rigathi Gachagua is shaping up to be one of the most significant political events in Kenya’s recent history.

    The fallout between Gachagua and Ruto, coupled with the alliance with Raila Odinga, has created a situation where political survival is at stake.

    The process of impeaching a Deputy President is a high-stakes game, and if it goes through, it will signal a major shift in Kenya’s political landscape.

    The next few weeks will be critical, as lawmakers move to table the motion and the political maneuvering intensifies.

    Whether or not the impeachment succeeds, it has already exposed the fragile nature of Kenya’s political alliances and the lengths to which leaders will go to consolidate power.

    One thing is certain: Kenya is about to experience a political earthquake, the aftershocks of which will be felt for years to come.