MPs accuse Gachagua of violating Constitution, corruption

The movers of a motion to impeach Deputy President Rigathi Gachagua have prepared more than ten grounds as the momentum by a larger part of legislators to show him the door heats up.

Reports have indicated that five allegation of gross violations of the Constitution have been cited in the motion, with the DP allegedly accused of being in violation of Article 10 on national values and principles of governance.

This is attributed to his public utterances, described as inciting, reckless inflammatory and capable of stirring ethnic hatred and Balkanisation.

High placed sources in political circles in possession of a copy of the motion yesterday told The Standard that the deputy president is accused of violating Articles 147, 148, 174, 186 and 189, which point to his conduct and responsibility as the principal assistant to the president.

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On other grounds, he is accused of corruptly and unlawfully acquiring assets valued at over Sh5.7 billion, an amount inconsistent with his monthly salary as the deputy president estimated at about Sh1million.

According to documents seen by The Standard, some of the properties mentioned include Tree Tops hotel, Outspan Hotel from Aberdare Safari Hotels, Olive Gardens Hotel, Vipingo Beach Resort in Kilifi County amongst other properties, which are said to have been purchased in the last few months he has been in office.

“The motion for removal of Gachagua from his current office as the Deputy President of the Republic of Kenya has been lodged pursuant to the provisions of Articles 145 and 150(1)(b) and (2) of the Constitution,” the document states.

It further reads:

“The motion having been brought pursuant to Article 150(1)(b) and (2) of the Constitution requires the mover to demonstrate that the Deputy President has grossly violated the Constitution or any other law; or that there are serious reasons to believe that the Deputy President has committed a crime under the national or international law, or for gross misconduct,” 

Gachagua is reportedly also on the radar of what has been termed as violating national and international law including the National Cohesion and Integration Act, Anticorruption and Economic Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act, the Penal Code and the Leadership and Integrity Act.

Another basis for his impeachment, according to the document, is gross misconduct.

One of the reasons given here is that he unjustifiably and unlawfully made scathing attacks on Judge of the High Court, Lady Justice Esther Maina, and the Director General of National Intelligence Service, a situation that has been termed as being in total disregard of the oath of office taken by the Deputy President.

He is accused of insubordination of the President by publicly contradicting the President’s policy statements and cabinet pronouncements.

“Upon receiving the impeachment motion, the Clerk to the National Assembly will review the motion and advise the Speaker on its admissibility based on the grounds in support of the motion and the number of members who will have appended their signatures in support of the motion. The Constitutional threshold is at least one third of the members of the National Assembly which is 117 members,” reads sections of the motion.

If the impeachment motion is supported by at least two thirds of all the members of the National Assembly, the Speaker will be expected to inform the Speaker of the Senate of that resolution within two days.

The Speaker of the Senate is then expected under the Constitution, to convene a meeting of the Senate to hear the charges against the deputy president within 7 days.

If, after the hearing of both sides the motion is supported by at least two-thirds of all the members of the Senate, the Deputy President ceases to hold office.

“The motion will be moved by a legislator from outside of Mt Kenya, Rift Valley and Nyanza, for obvious reasons. It may be presented by an Mp from Eastern,” a highly placed source told The Standard on Sunday.