Lawyer Nelson Havi has reiterated his position on the constitutional process for impeaching Deputy President Rigathi Gachagua. On Thursday, October 10, 2024, Havi, the former president of the Law Society of Kenya (LSK), took to his official X account to clarify that if the Senate votes to remove a sitting deputy president, the decision is final and cannot be contested in court.
Havi emphasized that while the removal of judges can be appealed to the Supreme Court, the impeachment of a president or deputy president is distinct and not open to judicial review. He argued that should the Senate uphold the impeachment, Gachagua would immediately lose his position as deputy president.
“Rigathi Gachagua will cease being DP on the vote of the Senate. Unlike the removal of a judge, which can be appealed to the Supreme Court, the impeachment of a president or DP is final and incapable of challenge. The Constitution did not contemplate judicial intervention on impeachment,” Havi explained.
Rigathi Gachagua will cease being DP on the vote of the Senate. Unlike removal of a Judge which can be appealed to the Supreme Court, impeachment of President and DP is final and incapable of challenge. The Constitution did not contemplate judicial intervention on impeachment.
— Nelson Havi (@NelsonHavi) October 10, 2024
The motion moved by Kericho County Senator and Senate Majority Leader Aaron Cheruiyot to form a special committee for Deputy President Rigathi Gachagua’s impeachment investigation failed after it did not receive a seconder. Nairobi Senator Edwin Sifuna declined to second the motion. According to the Senate Standing Orders, any motion that is not seconded is considered withdrawn and cannot be reintroduced in the same session.
Senate Speaker Amason Kingi ruled that, as a result, the proposal for a special committee was defeated, and the Senate would proceed with the investigation in plenary on October 16 and 17, 2024.
“You will note that the Senate Majority Leader has moved a motion, the motion has, however, failed to get a seconder,” Speaker Kingi stated. He referred to Standing Order 70, which mandates that a motion not seconded is deemed withdrawn. “The motion having been deemed to be withdrawn, the proposal for a special committee is defeated. The Senate will, therefore, proceed with the investigation on the proposed removal from office by impeachment of H.E. Rigathi Gachagua in plenary.”
This comes after a total of 282 Members of Parliament (MPs) voted on October 8, 2024, to impeach Gachagua, with only 44 MPs backing him. The Deputy President faces 11 charges, including gross violation of the Constitution, abuse of office, and corruption.
