Case against Gachagua: MPs prepare damning grounds to axe DP

The countdown for Deputy President Rigathi Gachagua’s political fate is in the offing, with the much-anticipated filing of the highly publicised impeachment motion in Parliament.

This is even as the High Court yesterday declined twice to issue interim orders to stop Parliament from processing a motion to impeach Gachagua.

Expectations are that the notice of special motion for Gachagua’s removal, could be filed by an  MP from Eastern, who has explained in detail 10 grounds to support this move.

The document has raised questions on DP committing economic crimes, which is against sections of the Anti-Corruption and Economic Crimes Act and Proceeds of Crime and Anti-Money Laundering Act, respectively.

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Some 22 companies associated with the DP have been listed in the motion, a majority of which his wife and sons are directors and shareholders.

The date of the companies’ incorporation varies from the year 2001 to 2003, with at least four incorporated between this and last year.

Some of the companies mentioned include Spirit Way Limited, Fortis Vis Group Ltd, Grand Bypass Apartments Ltd, Calvary Creed International Ltd, Crystal Kenya Ltd, Vipingo Beach Resort, Rigathi Gachagua Foundation, Dorcas Rigathi Foundation, Royal Crimson Ventures Limited and Wamunyoro Investments Ltd..

According to the motion, in November last year, Crystal Kenya Ltd, a proxy company of Gachagua, bought Outspan Hotel, situated at Nyeri Municipality Block/1/1669 from Aberdare Safari Hotels for Sh535 million.

“The directors of Crystal Kenya Ltd are the sons of Gachagua, namely Kevin Gachagua and Keith Ikinu. Sometimes, in August this year, Gachagua publicly admitted that his family had acquired this property,” states the motion.

In November last year, it states that Kevin and Keith, acquired Treetops Lodge situated in Nyeri and in August this year, Gachagua publicly admitted that his family had acquired this property.

The motion accuses Gachagua and his proxies of allegedly acquiring Olive Gardens Hotel and Queens Gate Serviced Apartments in Nairobi, Vipingo Beach Resort in Kilifi, a parcel of land known as Ruguru/Kiamariga/1223 in Mathira East, where he has constructed a helicopter landing facility.

Other properties that the DP has allegedly acquired are 40 acres of land in Kakuret in Kamburaini, Nyeri, 80 acres of land in Meru and a dairy farm in Nyandarua. 

“Gachagua used his office of Deputy President to exert influence and connive with unscrupulous Ministry of Lands officials to issue an allotment letter to Wamunyoro Investment Ltd, a company he owns, to acquire LR 209/12077 ad LR 90923 situated in Embakasi, Nairobi. After that, this company used the fraudulently acquired documents to support a court case at the expense of legitimate owner of the property,” the motion document states.

Similarly, it states that firms associated with the DP and his proxies were involved in last year’s Sh3.7 billion irregular procurement of malaria nets, which put the lives of millions of Kenyans at risk.

“Gachagua has used the Office of Deputy President to corruptly influence unnecessary and expensive renovation of his official residence in Karen and Mombasa running into millions of shillings. In essence, Gachagua has chosen personal comfort, extreme luxury and pomposity at the expense of service delivery to the people,” it says.

The motion has also listed proxy companies that trades with the office he holds.

For instance, an events management company is mentioned, which has two bank accounts. Between and January 1 and July 11, the account reportedly received Sh100.2 million from the Office of the Deputy President, characterised by the receipt of multiple transfers.

“A substantial portion of the Sh100.2 million was used for luxurious largesse and unnecessary expenditure for carpets, laid down for the DP’s functions,” it states.

Gross misconduct

In yet another ground listed, the DP is accused of gross misconduct.

The document states that Gachagua, on June 26, 2024, recklessly and unmindful of the high calling and dignified status of the office of the Deputy President and his membership to the National Security Council, both being positions that require exercise of discretion and tempered leadership especially during moments of national crisis, addressed Kenyans on live television in Mombasa and made a scathing attack on the National Intelligence Service (NIS).

According to the motion, the attacks against NIS and its Director-General constitute gross misconduct and an impeachable offence to the extent that they are incompatible with the high calling, dignified status and discretion of office of the Deputy President.

“The attacks undermine national security from both internal and external points of view. They are incompatible with the effective discharge of the delicate and sensitive mandate of NIS and had the potential, given the circumstances prevailing in the country at the time, to significantly diminish public confidence in the viability of the Kenyan state and its ability to protect the lives and properties of its citizens,” explains the motion.

On insubordination, the DP is accused of persistently undermining, demeaning and committing insubordination instead of assisting the President in executing the state mandate and opted to run a smear campaign against the presidency for political expediency.

On accusations of bullying, the DP is accused of demonstrating a persistent habit of coercing and bullying State and public officers in the security services in the last two years, who he subjects to public attacks and humiliation.

“Whereas Article 147(2) of the Constitution requires the Deputy President to perform the functions conferred by the Constitution and any other functions that the President may assign, Gachagua is openly sabotaging the State’s efforts in agriculture, including the coffee, tea, sugar and milk sectors which he was guided to manage,” states the motion.

Gachagua is accused of conniving with cartels in the tea sector to block the Kenya Tea Development Authority from implementing guaranteed minimum returns that would benefit smallholder tea farmers. “Gachagua has influenced his family members, allies, associates, and proxies to take control of a local cooperative society in Mathira, which they are financially hemorrhaging,” it adds.

On accusations of bullying, the DP is accused of demonstrating a persistent habit of coercing and bullying state and public officers in the security services in the last two years, who he subjects to public attacks and humiliation.

He also summons staff working in ministries and state institutions, especially procurement officers, and instructs them to direct the procurement of goods and services in a specific manner.

“For example, he bullied Kenya Medical Supplies Agency officials to award a tender for the supply of mosquito nets to Crystal Limited, his proxy company. Crystal Limited had submitted a fake bid bond with the sole intention of fraudulently acquiring public property. At Kenya Revenue Authority, he has significantly bullied many innocent employees,” the motion states.

In the Presidency, Gachagua is accused of identifying public officers who he thinks stand in his way of creating dominance within Government and political kingship and has severely threatened, intimidated, and harassed them.

“In the preceding parts of this Motion and the evidence annexed thereto, I have outlined 10 grounds for the removal from office by impeachment of Gachagua. Each Ground of impeachment contains sufficient particulars and evidence to prove that Gachagua has grossly violated the Constitution and other national laws throughout the last two years,” said the MP.