The Senate has resolved to impeach Deputy President Rigathi Gachagua following a two-day exercise that entailed volumes of evidence and hours of cross-examination.
Gachagua, who is presently admitted at the Karen Hospital, was ousted after Senators voted in favour of five out of the 11 grounds presented as grounds for his removal.
54 Senators voted in support of the first count of gross violation of Articles 10, 27, 73, 75, 129 of the Constitution, while only 13 Senators voted against it.
The second ground of gross violation of Articles 147 and 152 of the Constitution was supported by 28 Senators and opposed by 39.
The third ground of gross violation of Articles 6, 10, 74, 186 and 189 of the Constitution on undermining devolution was backed by 18 legislators against 45 who opposed it.
The fourth ground of gross violation of Article 160 of the Constitution on undermining the institutional and decisional independence of the Judiciary was supported by 51 Senators while 16 voted against it.
The fifth ground of gross violation of Articles 3 and 148 of the Constitution on breach of oath of office and allegiance was supported by 49 Senators while 16 voted against it; two legislators abstained from the vote.
The sixth ground of reasons to believe that Gachagua has committed crimes under Sections 13 (1) (a) and 62 of the National Cohesion and Integration Act was supported by 48 Senators while 18 voted against it and one abstained.
The seventh ground on reasons to believe Gachagua has committed crimes under Sections 45 (1), 46, 47a (3), and 48 (1) of the Anti-Corruption and Economic Crimes Act and Sections 2, 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act was supported by 14 Senators while 52 voted against it and one abstained.
The eighth ground on reasons to believe that Gachagua has committed crimes under Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act was supported by 27 Senators while 40 voted against it.
Ground nine on gross misconduct touching on public attacks on the National Intelligence Service and its officers was supported by 46 Senators while 20 voted against it and one abstained.
Ground ten on gross misconduct touching on insubordination was backed by 22 Senators and opposed by 45 others.
The final ground on gross misconduct touching on bullying was supported by 18 Senators and opposed by 47 while two others abstained.
“Pursuant to Articles 145, 7 and 151 (b) and 2 of the Constitution, and Standing Orders 78 (8) of the Senate, the Senate has removed from office by impeachment Rigathi Gachagua, the Deputy President of the Republic of Kenya. Accordingly, Rigathi Gachagua ceases to hold office,” declared Speaker Amason Kingi.
Gachagua is presently hospitalized at the Karen Hospital after he was taken ill in the afternoon following serious chest pains.
His legal team, led by Senior Counsel Paul Muite, attempted to persuade the House to postpone the impeachment hearing to Tuesday next week, but their request was shot down by the Senators who resolved to go on with the proceedings nonetheless.
This did not go down well with Gachagua’s legal team, which opted to walk out of the House saying they could not proceed with the hearing without instructions from their client.
The vote was preceded by a robust debate, with some Senators claiming that it was unfair not to accord Gachagua a chance to defend himself.
A section of Senators from the Central Kenya region warned of dire consequences if “their son” was persecuted.
“This divorce that the President is looking for, he is going to get it; it will be hurtful, it will be catastrophic, and it will have casualties. The first casually might be us voting against the motion, but the casualties of today are not necessarily the casualties of tomorrow,” lamented Nyandarua Senator John Methu.
“He is looking for it, and he will get it. We will not take this vote in our mind, we will keep it in our hearts.”
The vote that now gives a go-ahead to the National Assembly that is scheduled to meet on Friday morning to approve the new Deputy President as scheduled, if the President will nominate the new holder of office.
