Environment Cabinet Secretary Aden Duale has criticized Tana River Senator Danson Mungatana’s censure motion against Deputy President Rigathi Gachagua, questioning its ultimate goal. Mungatana filed the censure motion on Monday, September 23, asking the Senate to discuss the Deputy President’s conduct as the country’s second-in-command.
Duale explained that a censure motion is merely an expression of disapproval and carries no legal consequences. He emphasized that the motion lacks the legal foundation necessary for removing someone from office, noting that only the National Assembly has the authority to initiate an impeachment motion.
According to the Constitution, an MP can move for the impeachment of the Deputy President or the President if at least one-third of the members support it. The motion must then be debated in the House and, if it gains the backing of at least two-thirds of MPs, it will be sent to the Senate. For the motion to pass in the Senate, a two-thirds majority of all senators must vote in favor.
Duale questioned the motivation behind the motion, asking, “What is the end game? Since a censure motion or even a substantive motion under the Standing Orders would not have any legal effect in terms of removal, should the objective be to remove a state officer where there are grounds, the Constitution already provides elaborate provisions for removal.”
He added that a censure motion expressing discontent with someone’s conduct cannot serve the purpose of impeachment.
Senator Mungatana claims that Gachagua has violated the Constitution by making statements that create tension and divide Kenyans along ethnic lines. He has also accused the Deputy President of inciting Kenyans to disobey county government directives, particularly in relation to the recent conflict between Gachagua and Nairobi Governor Johnson Sakaja over the relocation of Wakulima traders to Kangundo market.
Gachagua urged Sakaja to reconsider the decision and hold a meeting with the traders, a move that drew the ire of the governor, who instructed the Deputy President to steer clear of county matters.
For months, Deputy President Rigathi Gachagua has been navigating a challenging political landscape, facing relentless criticism from President William Ruto’s close allies. In response, Gachagua has urged his boss to take charge of the situation by fulfilling his promise to protect his deputy from humiliation and harassment.
“It’s up to our boss (President Ruto) to decide what should be done because he is our party leader. He can call a Parliamentary Group (PG) meeting to lower the political temperatures, instruct the MPs to stop attacking each other, and ask those who accompany him who abuse the DP to cease their comments. If he told them to stop, they would stop,” Gachagua stated in an interview on Citizen TV on September 20, 2024.
