The ultimate trial: Senate to hear Gachagua's ouster motion in plenary next week

Deputy President Rigathi Gachagua during impeachment hearing before the National Assembly on October 8, 2024. [Elvis Ogina, Standard]

There was no time to waste. Barely ten hours after Parliament passed a motion of impeachment of Deputy President Rigathi Gachagua, his fate was handed to the Senate.

The DP will appear before the Senate next week on Wednesday and Thursday where senators will determine whether he will continue being in office or not through the plenary session.

This after a motion by Senate Majority Leader Aaron Cheruiyot proposing a special committee of 11 members to hear the impeachment flopped when Nairobi Senator Edwin Sifuna declined to second it.

Cheruiyot said this was uncharted territory where the Senate will hear the ouster motion against the Deputy President for the first time. He had asked members to get 11 of their wisest to join the special committee.

“Should they not find the matters raised substantive, the matter will end there. If they find him guilty of any of the charges the matter will come back to the full House,” said Cheruiyot.

He then invited Sifuna to second the motion, who declined saying the matter has attracted the attention of the nation and that it should be looked at by the entire House. No other member volunteered to second it paving the way for the matter to go to the plenary.

Senate Speaker Amason Kingi directed the Senate Clerk to inform the Deputy President and the National Assembly of the decision with both parties required to submit their documents to the Senate by close of business on Monday next week.

He cautioned senators against commenting on the merits or demerits of the impeachment motion since doing so would infringe Standing order 99 of the Senate. 

“This impeachment Motion before the Senate is unique and unprecedented as it is the first ever to propose the removal from office, by impeachment, of a Deputy President,” said Kingi.

He said this moment calls for deep reflection on the critical responsibility of the Senate in investigating such proposals for removal of State Officers from office.

Nandi Senator Samson Cherargei asked the Speaker to increase the number of days of hearing for justice to be done, arguing that the Senate is the real trial chamber where they will interrogate the 11 accusations against Gachagua thoroughly.

Nyandarua Senator John Methu supported Sifuna’s decision not to second the motion arguing that there will be 11 grounds and that the impeachment of Meru Governor Kawira Mwangaza was rushed, denying members time to contribute.

“I am pleading with the Speaker to leave the matter open so that we do not hurry the process like it happened in Governor Kawira’s case which led to an acrimonious exercise, Senators require sufficient time to dispense with the matter so as to ensure that justice is done,” said Methu.

Meru Senator Kathuri Murungi cautioned fellow senators against referring to Governor Kawira’s case which is actively in court.

Kitui Senator Enoch Wambua said Kenyans are looking at the Senate to see that justice is done. “I would like to support my colleagues Cherargei and Methu who are seeking more time so that we avoid what happened with Governor Kawira case where the deliberations went on well with the impeachment ending in chaos during voting,” said Wambua.

Kingi told senators they have not seen the kind of documentation and the list of witnesses to be brought, assuring the country that justice will be done, and all parties will have  a chance to explain themselves. He said if there will be a need to add more days he will definitely do that.

The Speaker informed the House that he had received communication indicating that the National Assembly had resolved, with the support of 282 members, being at least two-thirds that Gachagua should be removed from office.

“I have received an electronic evidence relating to the Special Motion contained in a flash disk; Order Papers for October 1,2024; Communication from the Chair No. 046 of 2024 issued on October 1,2024,” said Kingi.

Kingi has also received Letters of Appointment of Advocates Swanya & Company Advocates for the Deputy President and Danstan Omari Advocates for Morani Manufacturers Limited.

The Speaker has also received a letter sent to the Deputy President forwarding the Notice of Motion, Affidavit of Service on the Deputy President and the Order Paper for October 2, 2024.

Kingi has also received Certified Hansard and Votes and Proceedings for October 2, 2024 and Public participation advertisements of October 2, 2024 in the Daily Nation Newspaper; Standard Newspaper and Star Newspaper.

The Speaker has received Public Views Template  (English & Kiswahili); Memo to Constituency/County Office Managers dated October 4, 2024;

He has also received public participation advertisements of October 4 2024 in Daily Nation Newspaper; Standard Newspaper and Star Newspaper.

The Speaker has also received an Order issued by the High Court sitting at Kerugoya on October 4, 2024.

Gachagua faces charges 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 Article 147 (1), as read together with Article 131 (2)(c) and (d) of the Constitution. Gachagua is accused of gross violation of 160 (1) of the Constitution on the Institutional and Decisional Independence of Judges.

The Senate Speaker said there are serious reasons to believe that the Deputy President has committed crimes under sections 13 (1)(a) and 62 of the National Cohesion and Integration Act.

“There serious reasons to believe the Deputy President has committed gross economic 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 Proceeds of Crime and Anti-Money Laundering Act,” said Kingi.

Gachagua is accused of gross misconduct that is incompatible with the high calling and dignified status of his office and a member of the Cabinet and the National Security Council by publicly attacked and undermined the work of the National Security Intelligence Service and its Officers.

The Deputy President is also accused of gross misconduct by openly or publicly insubordinating the President, who is the Head of State and Government. Gachagua also faces accusations of gross misconduct by persistently bullying state and public officers.