A subdued Gachagua stares at the end of his career amid 11 charges

Deputy President Rigathi Gachagua during Senate impeachment trial on October 16, 2024. [Elvis Ogina,Standard]

When Deputy President Rigathi Gachagua appeared before the Senate Wednesday, he was reeling from a string of losses at the courts, where he had sought reprieve.

Just hours to the trial, the final straw that he had clutched on broke after a three-judge Bench declined to issue conservatory orders halting his ouster.

In the chambers, he sat with his arms crossed as he pensively watched what could turn out to be the beginning of the end his political career. There, he braved a day-long charge led by lawyer James Orengo who was acting on behalf of the National Assembly.

His demeanor once he set foot into the chambers was in contrast from how he arrived at exactly 10am, complete with a security escort. The trappings of the second-highest office in the land were on display.

The only time Gachagua spoke was when the charges were read out by the Clerk of the Senate Jeremiah Nyegenye.

“I plead not guilty,” he responded to each of the 11 charges.

In the Motion for his ouster, sponsored by Kibwezi West MP Mwengi Mutuse, the DP is accused of gross misconduct and violation of the Constitution, including promoting ethnic discrimination and undermining national unity through divisive public statements.

He is alleged to have made inciting remarks, which could divide the country along ethnic lines. Mutuse claims the Deputy President’s conduct is a “ticking time bomb” with the potential to plunge the country into ethnic hatred and strife.

Specifically, Gachagua was cited as having made inflammatory remarks in Kajiado last year, insinuating that the allocation of government jobs and development projects was based on shares based on how the people of a particular region voted in the 2022 General Election.

He is also accused of undermining President William Ruto by making statements that were not in line with government policies. The DP is cited as having opposed a plan mooted by the Cabinet for the evacuation of those living on riparian land.

“His Excellency Rigathi Gachagua made contradictory public statements despite being a member of the Cabinet and being assigned the function of superintending the Nairobi River Riparian Evacuation Order,” reads the Motion.

On matters of wealth, he is accused of using his sons, spouse and other close family members to launder money through 22 companies.

“The value of the property and wealth that the DP has acquired over the last two years is incompatible with his known legitimate income (Sh12 million per annum or thereabouts),” states Mutuse.

His run-ins with Nairobi Governor Johnson Sakaja on the management of the capital are also cited as a ground. The DP is accused of interfering with Nairobi operations by inciting traders against their planned relocation from the Wakulima to the Kangundo market.

“His Excellency Rigathi Gachagua’s inciteful and demeaning public statements and conduct undermine devolution, they undercut the functional and institutional integrity of county governments and unjustifiably vilify and ridicule the leadership of the Nairobi City County Government,” says the Motion.

Gachagua is also facing the axe for allegedly undermining the Judiciary by attacking a judge of the High Court in public. The petition states that he made attacks against Justice Esther Maina after she determined a case in which the DP was a party.

Justice Maina had ordered the Deputy President to pay Sh200 million alongside his associates.

Further, he is charged with working with cartels in the agricultural sector to block farmers from reaping handsomely.

“His Excellency Rigathi Gachagua has influenced his family members, allies, associates, and proxies to take control of a local cooperative society (name withheld) in Mathira, which they are financially hemorrhaging,” states Mutuse. “He has connived with cartels in the tea sector to block the Kenya Tea Development Agency from implementing guaranteed minimum returns that would benefit smallholder tea farmers.”

He is also said to have bullied MPs in his backyard to the extent of humiliating those that stand in his way.

The DP has been accused of using his office to intimidate officials at the Kenya Medical Supplies Authority into awarding a tender for the supply of mosquito nets.

“His proxy company, Crystal Limited, had submitted a fake bid bond with the sole intention of fraudulently acquiring public property,” reads the Motion.

The Senate is today expected to vote on the fate of the Deputy President in a landmark decision that could see his replacement nominated by tonight.