Rigathi Gachagua Impeachment: Process, Threshold Required To Oust Deputy President

• Calls for Deputy President Rigathi Gachagua's impeachment have grown within the Kenya Kwanza coalition, particularly from dissatisfied UDA politicians
• The Kenyan Constitution, under Article 150, outlines conditions for a DP's removal, including law violations and incapacity to perform duties
• An impeachment motion must be backed by at least one-third of MPs (117) in the National Assembly for formal proceedings to begin
• If the National Assembly and Senate approve with two-thirds majority votes, Gachagua could be removed from office, requiring 233 MPs and 45 senators' support

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - Deputy President Rigathi Gachagua's possible impeachment has continued to capture national attention.

This comes as calls for his removal dominate the ruling Kenya Kwanza administration's political landscape and their allies.

Gachagua has faced increased opposition from within the ruling United Democratic Alliance (UDA) party, with some politicians questioning his leadership style.

The rift within the party deepened after Mt. Kenya East leaders expressed dissatisfaction with his performance and political stance.

In a country where political alignments shift frequently, understanding the legal and constitutional framework guiding the impeachment of a Deputy President is crucial.

What does the Kenyan Constitution say about DP's ouster

The 2010 Constitution of Kenya provides clear guidelines for the impeachment of the president and his deputy.

The conditions under which a Deputy President may be removed from office are outlined in Article 150.

These clauses protect against dismissal without cause and guarantee that the deputy president is answerable to the people and the constitution.

According to the Kenyan Constitution, the DP may be dismissed from office if they break the law, engage in serious misbehaviour, or lose their ability to carry out their duties due to physical or mental impairments.

Motion of impeachment

The impeachment procedure starts in the National Assembly, with an MP seeking to impeach the DP tabling a resolution.

Their motion must specify the grounds for impeachment, such as violation of the Constitution or striking misbehaviour.

The Constitution's Article 150(1)(b) states that there must be sufficient grounds for impeachment in order to remove a person from office.

In Gachagua's case, the motion may proceed to the next round if there is strong proof that he's violated the constitution.

For the impeachment motion to progress, it must meet a specific threshold of support in the August House.

The Constitution requires that at least one-third of all MPs support the motion for impeachment.

This ensures that the motion is backed by a substantial portion of the legislature before any formal investigation or removal proceedings can commence.

The number of MPs needed to pass this initial phase would be calculated based on the total number of sitting MPs in the National Assembly, which stands at 349.

Therefore, at least 117 MPs must express their support for Gachagua's removal from office.

How will accusations by Gachagua be confirmed

Once the motion gains the necessary backing, it moves to the next critical stage: a special committee investigation.

The Speaker of the National Assembly appoints a special committee to probe the allegations against the DP if the MPs approve the motion.

MPs make up this committee and are tasked with reviewing the material and deciding whether the claims have merit.

The special committee conducts a thorough investigation to determine whether the DP violated the constitution or engaged in gross misconduct as alleged.

Upon completion of their mandate, the MPs present their findings to the National Assembly.

During this phase, the DP is given an opportunity to defend themselves and respond to the allegations.

It’s important to note that the investigation ensures fairness and justice in the impeachment process as the DP is given an opportunity to defend themselves.

MPs vote on deputy president's impeachment

Following the presentation of the findings, the National Assembly votes on whether to accept the committee's recommendation and progress with the impeachment.

At least two-thirds of the MPs must vote in favour of the deputy president's dismissal for the impeachment process to proceed.

This implies that in order to impeach Gachagua, the resolution would require the backing of about 233 MPs.

This high bar guarantees that the impeachment of a serving DP is a serious move that represents widespread political agreement.

Deputy president stands before the Senate

The impeachment procedure advances to the Senate if the National Assembly grants approval with the necessary two-thirds majority.

The Senate is in charge of hearing the impeachment case against the DP and serves as the trial chamber.

In this stage, the Senate establishes a special committee to try the DP and assess the evidence provided by the National Assembly.

Depending on the verdict of the trial, the Senate may decide to uphold or reject the impeachment.

For the impeachment to be completed, at least two-thirds of the senators must vote in support of the Deputy President's removal from office. That works out to 45 of the 67 senators.

If the Senate votes to impeach, the DP is immediately dismissed from office, and the head of state appoints a new DP.

What is Gachagua's best option

According to Bungoma-based political commentator and human rights defender, Philip Wanyonyi Wekesa, the DP must broaden his political base beyond Mt. Kenya if he hopes to weather the political storm before him.

Speaking to TUKO.co.ke, Wekesa advised Gachagua to establish alliances with opposition leaders such as Wiper leader Kalonzo Musyoka, Martha Karua, and Eugene Wamalwa to enhance his national appeal.

"He still has options, first by making good friends across the country and not just in Mt. Kenya. He needs to work with opposition leaders like Kalonzo, Martha Karua, and Eugene Wamalwa outside Mt. Kenya for him to survive the political storms as we gear towards 2027," Wekesa stated.

The political expert also suggested that Gachagua should consider whether to oppose the government from within or from the outside, as a strategic move.

How is Gachagua's impeachment a done deal?

Earlier, Uasin Gishu woman representative Gladys Boss Shollei made it clear to the deputy president that he would be impeached.

Shollei stated that she would be in charge of the impeachment motion and that no one would touch Ruto while she was still around.

Her sentiments came hours after Kapseret MP Oscar Sudi claimed that Gachagua would be removed from office after two weeks.

What else you need to know about Gachagua's looming ouster

• Makueni senator Dan Maanzo stated that if Gachagua is impeached, he should go home alongside President William Ruto
• The second-in-command warned the president against getting involved in the plans to remove him from office
• Kikuyu MP Kimani Ichung'wah disclosed that Gachagua was calling for his impeachment as there were no such plans
• MP Zaheer Jhanda claimed that President William Ruto has no hand in the looming impeachment of his deputy

Proofreading by Asher Omondi, current affairs journalist and copy editor at TUKO.co.ke.