The stage is set for the removal of the Deputy President Rigathi Gachagua in the National Assembly after speaker Moses Wetang’ula approved the motion seeking to kick the second in command from the lucrative office.
From the onset when Mr Wetang’ula started his communication on the receipt of the impeachment motion by Mwingi West MP Mwengi Mutuse he received a thunderous applause from the MPs who seemed happy as they were chatting heartily.
The House was full to its capacity as Mr Wetang’ula was giving directions on the next move over the matter having ascertained that it met all the legal requirements and it is properly before the House.
The motion sailed to the floor of the House after 291 MPs signed the petition by the Kibwezi West MP, surpassing the one-third of the 349 MPs requirement in the constitution, which is 117 members.
If the motion is supported by at least two-thirds of all the members of the National Assembly- 233 MPs, the Speaker shall inform the Speaker of the Senate of that resolution within two days.
At this time, the Deputy President shall continue to perform the functions of his office pending the outcome of the proceedings in the Senate.
Within seven days after receiving notice of a resolution from the Speaker of the National Assembly, the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the DP.
The Senate, by resolution, may appoint a special committee comprising 11 of its members to investigate the matter.
The special committee shall investigate the matter and report to the Senate within 10 days whether it finds the particulars of the allegations against the DP to have been substantiated.
The DP shall have the right to appear and be represented before the special committee during its investigations.
If the special committee reports that the particulars of any allegation against the DP have not been substantiated, further proceedings shall not be taken in respect of that allegation.
If substantiated, the Senate shall, after according to the DP an opportunity to be heard, vote on the impeachment charges.
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the DP shall cease to hold office immediately.
The DP, if impeached by the Senate, may decide to appeal the decision in court and the matter shall be heard and determined.
A vacancy in the office of Deputy President shall be filled within 14 days.
The president shall be required to nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within 60 days after receiving it.
If a person assumes office as Deputy President under these circumstances, the person shall be deemed to have served a full term as Deputy President.
Mr Mutuse was given an opportunity to move the motion from the dispatch box where for 10 minutes he told the House why he is convinced Mr Gachagua should no longer be the Deputy President of Kenya.
Mr Mutuse who is serving his first term having been elected under the Maendeleo Chap said he has no personal vendetta against the DP saying he is just doing his constitutional duty as an MP.
The former chief of staff when the current Labour Cabinet Secretary Alfred Mutua listed gross violation of the constitution, committing serious crimes under section 13 (1) (a) and 62 of the National cohesion and integration act, committing crimes under sections 45 (1), 46, 47 (a) and 48 (1) of the anti-corruption and Economic Crimes Act and sections 2, 3, 4 and 7 of the proceeds and crime and Anti-money Laundering Act among others which he pointed out he will enumerate clearly when the House will be debating on the motion.
On gross violation of the constitution, Mr Gachagua is accused of violating Articles 10 (2) a, b, and c, 27 (4), 73 (1) (a) and 2 (b) and c, 27 (4), 75 (1) a and 2 (b), and 129 (2) of the constitution and Articles 147 (1) as read with Articles 131 (2) (c) and (d) of the constitution.
“On the diverse dates throughout the last two years, His excellency Rigathi Gachagua has persistently made utterances threatening to discriminate against any Kenyan based on conscience, ethnic or social origin, language or birth,” reads the motion.
Mr Mutuse said on diverse dates throughout the last two years, his Excellency Rigathi Gachagua has made utterances threatening to discriminate, exclude and unlawful sections of the of the republic equal opportunities for public service appointments and allocation of public resources.
“The utterances are highly inflammatory and inciteful and significantly undermine national and the peaceful co-existence of Kenya’s diverse communities,” reads part of the impeachment motion.
Mr Mutuse said Mr Rigathi’s utterances in the last two years undermine the promotion of national unity in the context of Kenyan society’s multi-ethnic demography and multi-cultural diversity.
“In addition, they have the potential to alienate, isolate and create disharmony among the various ethnic communities,” Mr Mutuse said.
Mr Rigathi is also accused of committing serious crimes under section 13 (1) (a) and 62 of the National cohesion and integration act, under this Mr Mutuse enumerates that the DP’s persistent inflammatory, reckless, inciteful public utterances remarks over the last two years are crimes under section 13 (1) and 62 of the National Cohesion and Integration Act
The DP is also accused of committing crimes under sections 45 (1), 46, 47 (a) and 48 (1) of the anti-corruption and Economic Crimes Act and sections 2, 3, 4 and 7 of the proceeds and crime and Anti-money Laundering Act, under this, the DP is accused of amassing a humongous property portfolio estimated at Sh5.2 billion primarily suspected from proceeds of corruption and money laundering.
“The value of the property and wealth that his Excellency Rigathi Gachagua has acquired over the last two years is incompatible with his known legitimate income which is Sh12 million per annum,” reads the motion.
The DP is accused of acquiring properties and wealth through his spouse, two sons (Kevin Rigathi Gachagua, and Keith Iknu Rigathi.
“It is patently clear that there are serious reasons to believe that his excellency Rigathi Gachagua, the Deputy President using his state office has committed gross economic crimes, namely conflict of interest, abuse of office, conspiracy to committee a crime under sections 45 (1) (a), 46, 47 and 48 (1) of the Anti-Corruption and Economic Crimes Act and offences of money laundering under sections 2, 3, 4, and 7 of the proceeds of crime and anti-money laundering Act,” reads the motion.
On gross misconduct (insubordination), the Gachagua is accused of persistently undermining demeaning and insubordination instead of assisting the president in executing the state mandate.
Mr Mutuse said instead of assisting the President, the second in command has instead opted to run a smear campaign against the presidency for political expediency
Mr Mutuse said Mr Gachagua has openly sabotage the States’ effort in agriculture including the coffee, team, sugar and milk sectors which he was guided to assign.
“Rigathi Gachagua has connived with cartels in the tea sector to block the Kenya Tea Development Authority from implementing guaranteed minimum returns that would benefit smallholder tea farmers,” reads the motion.
Majority leader Kimani Ichung’wah urged the Inspector General Douglas Kanja to ensure that MPs are safe both while in parliament, while undertaking their duties in committees and back in their homes.
“We are not dealing with an ordinary matter, we are not with an ordinary man. We are dealing with a black man with a black heart,” Mr Ichung’wah said.
Minority leader Junet Mohamed also emphasised on the safety of the 291 MPs who have signed the impeachment motion urging more lawmakers to turn up during the actual voting.
“The IG must take responsibility for the safety of the 291, what we are doing is not a small thing. What the Housing is doing is constitutional, the house is just doing its mandate. There is nothing unconstitutional. This is an exercise that is given by the constitution,” Mr Mohamed said.
