Deputy President Rigathi Gachagua has been impeached two years after taking the oath of office.
At least 53 out of 66 Senators voted Thursday night to uphold charges levelled against him by the National Assembly last week.
Some 282 MPs supported the impeachment motion fronted by the Kibwezi lawmaker Mwengi Mutuse which subsequently ended up in the Senate, the trial House.
Earlier in the day, Mr Gachagua was taken ill before he could take the witness stand for cross-examination by counsel action for the National Assembly. His doctor Dan Gikonyo said his client had been brought in complaining of chest pains and that he’d monitor him for between 48 to 72 hours.
Barring any court orders in the coming days, the impeachment paves the way for the nomination and subsequent approval of a replacement by his former boss William Ruto.
How senators voted
On the first charge of Gross violation of Articles 10 (2) (a), (b) and (c); 27 (4), 73 (1) (a) and (2)(b); 75 (1)(c), and 129 (2) of the Constitution and Articles 147 (1), as read with Article 131 (2) (c) and (d) of the Constitution, 54 lawmakers voted YES to impeach while 13 voted NO.
On the second charge of Gross Violation of Articles 147 (1) and 152 (1) of the Constitution, 28 voted YES while 39 voted NO.
On the third charge of Gross Violation of Articles 6 (2), 10 (2) (a), 174, 186 (1), 189 (1) and the Fourth Schedule to the Constitution, 19 voted YES and 46 voted NO.
On the fourth charge of Gross Violation of 160 (1) of the Constitution, 51 voted YES and 16 NO.
Charge 5: Gross Violation of Articles 3 (1) and 148 (5) (a) of the Constitution, and, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 49 voted YES and 16 NO while 2 abstained.
Charge 6: Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act, And, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 47 voted YES and 18 NO and 1 abstained.
Charge 7: Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 45 (1), 46, 47 (a) (3), and 48 (1) of the Anti-Corruption and Economic Crimes Act and sections 2, 3, 4, and 7 of Proceeds of Crime and Anti-Money Laundering Act, And, in the fourth charge of Gross Violation of 160 (1) of the Constitution, 13 voted YES and 53 NO with 1 abstaining.
Charge 8: Serious reasons to believe that he has committed crimes under section 132 of the Penal Code and section 29 of the Leadership and Integrity Act, 27 voted YES and 40 NO.
Charge 9: Gross misconduct (insubordination); 46 voted YES and 20 voted NO, while 1 abstained.
Ground 10. Gross misconduct (insubordination) 22 voted YES and 45 voted NO.
Ground 11. Gross misconduct (bullying) 18 voted YES and 47 voted NO while 2 abstained.
What happens next
With the Senate confirming his impeachment, the DP’s battle will likely move to the courts which could reinstate him in office – if he establishes sufficient grounds – until determination of the petition.
The besieged DP has consistently expressed confidence in the Judiciary signaling he is prepared to fight all the way to the Supreme Court, a protracted legal battle that could even drag on to the end of their term with President Ruto.
Barring any court orders in the coming days, the impeachment paves way for the nomination and subsequent approval of a replacement by his former boss William Ruto.
