Deputy President Rigathi Gachagua is banking on the Senate and the courts to save his job, which is hanging in the balance.
The DP is pleading with the court to save his neck following Impeachment by the National Assembly.
Gachagua has filed a lawsuit claiming irregularities during his impeachment by the National Assembly and is also seeking to block potential impeachment by the Senate slated for Thursday.
But politicians and lawyers in Meru believe potential 'reinstatement' as DP by the court would affect Gachagua’s relationship with President William Ruto, which some claim is irretrievably broken.
Lawyer Kobia Michubu said it is not too late for the DP to throw in the towel before his appearance in the Senate.
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“It would be advisable for him, for purposes of preserving his political integrity, to resign before being impeached and removed from office. The process of impeachment is not over until removal from office is affirmed. If it is affirmed and gazette, then he will have to kiss his political future goodbye. He would be sent to political oblivion which is a door of no return,” Mr Michubu said.
“If the court saves the DP it would mean that the court would force the political marriage between the two to last more than anticipated. It would create a situation where the two would be forced to work and co-exist but this would be detrimental to the presidency as an institution,” he added.
Michubu warned that the state may fail to allocate any funds to the DP’s office and the president, in retaliation, may revoke Executive Order 1 which gave the DP some delegated duties, thus leaving him powerless.
“Without duties or delegated functions, it would be illegal for his office to be allocated funds. He would only be entitled to his salary and some few allowances only,” he argued.
For those worrying about the well-being of Gachagua if the Senate or the courts save him, political analyst Prof Gitile Naituli and prominent lawyer Mugambi Imanyara argue that falling out with President Ruto will not affect the DP's work.
Mr Imanyara who is also Devolution Empowerment Party (DEP) secretary general said the Constitution protects the office of the DP.
”He will execute his mandate as per the Constitution. Impeachment is not about his relationship with the president, and no court would consider how his return to office would impact on their personal relationship. Of course, the president may choose not to assign his deputy any duties. Beyond there I see absolutely no effect on their relationship,” he said.
Prof Naituli, said in the event Gachagua retains office Ruto will have to work with him, including at national events.
“If he goes back, on national days the president has got no choice. He will be the one who will invite the president to address the nation, so he will be forced to work with him,” he said.
As for international events where the president in the past was sending Gachagua, Naituli said that had changed.
“The president has been sending Mudavadi. He has not been sending Gachagua, so he can continue sending Mudavadi. The ones that he cannot avoid are the national (days) ones because the protocol does not allow,” he said.
Naituli argued that the DP’s office won’t be denied funds by virtue of him falling out with the president.
He cited the case of former President Uhuru Kenyatta who fell out with Ruto.
“The president was not in good terms with Uhuru but Uhuru wasn’t able to remove his (Ruto’s) money. Parliament will have to allocate his office the money. The office is the office, not the individual. If he goes back he goes back with full benefits, otherwise they would not be fair to the country. It is not a favour. It is the law,” Naituli said.
Political analyst, Oscar Mutigi said: “Reading the mood of both Parliament and the Senate, it's clear that the die is cast for Gachagua's censure. The slightest hope for him to hold onto his position rests with the courts. In the unlikely event that he survives through the courts, he would find himself a stranger in government. It's a long way back for their broken union with Ruto, and hard to see how the Office of the Deputy President would get any semblance of the functions it would ordinarily be expected to carry out.”
“Gachagua would be an exile in his own government, if it ever gets there,” Mutugi said.
Marete 'JR' Kinoti, said civil service is not about friendship but service.
“Of course he would largely be ignored but that in my opinion should not bother him since he chose to fight,” Mr Kinoti said.
Mbwiri Bursar said: “In case the court rescues Gachagua he will find it very hard to work with Ruto. Ruto may decide to ignore him completely. Gachagua was voted out by nearly 300 MPs, he will find it very difficult to work with them, and they might impeach him again! He might assess the funds even with poisoned relationship with the president since that is in our constitution. He might even go to court to demand his share which will be in the budget.”