Explainer: As DP Gachagua takes the stand, what will happen?

Deputy President Rigathi Gachagua arrives at the National Assembly to defend self against an impeachment motion. [Elvis Ogina, Standard]

All eyes are on the National Assembly this afternoon as Deputy President Rigathi Gachagua appears before the House to respond to allegations outlined in an impeachment Motion against him.

Gachagua who on Monday gave a ‘tell-all’ media briefing is scheduled between 5:00 pm and 7:00 pm.

In a Communication issued last week, the Speaker of the National Assembly Moses Wetang'ula said that Gachagua's appearance is consistent with the provisions of Articles 47 and 50 of the Constitution, as well as Standing Order 67.

Article 47 guarantees every individual the right to fair administrative action, while Article 50 ensures the right to a fair public hearing in the resolution of disputes.

“The Deputy President shall be notified of his right to appear before the House on Tuesday, October 8, 2024, and the allocation of time between 5:00 pm and 7:00 pm,” Wetangula said.

On October 1, 2024, the notice of the Special Motion to impeach Gachagua was tabled by Kibwezi West MP Mwengi Mutuse.

And today morning, the Report of the Public Participation exercise that was conducted between October 2 and 5, 2024, was tabled on the floor of the House.

National Assembly Majority Whip Millie Odhiambo Mabona revealed that 224, 907responses were received during the countrywide exercise.

According to the report, 65.1 per cent supported the motion compared to 33.81 per cent who opposed and 1.09 per cent who expressed neutral or alternative views.

Millie Odhiambo said Parliament is already seized of the many pressing issues raised by Kenyans during the Public Participation exercise.

Mutuse moved the special motion and was seconded by Kilifi North MP Owen Baya before a general debate that was allocated 7 hours.

Gachagua who had appealed that he be heard in silence is expected to make representation in person or by his lawyers or both, in the Chamber for about two hours.

After he concludes making his submission, MPs will vote on the Special Motion.

Should the Motion be defeated, no further proceedings on the matter will take place, and Gachagua will retain his position.

Conversely, if the impeachment motion garners the support of at least Two-Thirds of the National Assembly, Wetangula will notify his Senate counterpart Mason Kingi within two days, as stipulated in Article 145 (2)(a) of the Constitution.

The National Assembly comprises 349 Members, including 290 elected from constituencies, 47 women elected from counties, and 12 nominated representatives.

Consequently, a two-thirds majority equates to 233 votes.

Article 145 (2)(b) further clarifies that the Deputy President will continue to perform his duties pending the outcome of the proceedings.

Following receipt of the resolution notice from the National Assembly, Senate Speaker Amason Kingi will be required to convene a Senate meeting within seven days to consider the charges against Gachagua.

As outlined in Article 145 (3)(b), the Senate may establish a Special Committee of 11 Members to investigate the allegations within this seven-day timeframe. Articles 145 (4)(a) and (b) mandate that this Committee report its findings to the Senate within 10 days.

If at least Two-Thirds of the Senate Members—comprising 67 total, including 47 elected and 20 nominated—vote to uphold any impeachment charges, Gachagua shall cease to hold office, as specified in Article 145 (7).

This means that a minimum of 45 senators must support the Motion to remove the Deputy President from office.