How censure motion forced out Moi's VP and Kibaki's minister

Deputy President Rigathi Gachagua's woes are piling following a censure motion tabled in the Senate in what pundits say is a litmus test before an impeachment motion is tabled in the National Assembly.

Gachagua finds himself in a situation like that of former Vice President Josephat Karanja and former Finance Minister Amos Kimunya, both of who decided to throw in the towel following a censure motion.

Tana River Senator Danson Mungatana, who has filed the motion, has said Gachagua has to be called to order, arguing that his conduct does not befit his status as the country's second in command.

"I would like to have the entire Senate discuss the conduct of the Deputy President since he has let down Kenyans over the manner he has been conducting himself in the recent past which does not befit his status as the Principal Assistant to the President of Kenya," said Mungatana.

Kimunya, then President Mwai Kibaki's Finance Minister, faced a censure motion in 2008 over his role in the sale of the Grand Regency Hotel. The motion was filed by the then Ikolomani MP Boni Khalwale, now Kakamega Senator.

The then Kipipiri MP was at first defiant, saying he would "rather die than resign" only to be forced to eat humble pie a few days later and tender his resignation.

Karanja, who was President Daniel arap Moi's second vice president, was hounded out of office in 1989 in an onslaught led by then Embakasi MP David Mwenje and then Limuru MP Kuria Kanyingi. They accused the former Vice Chancellor of the University of Nairobi of declaring himself acting President when Moi was away.

Mwenje and Kanyingi also accused Karanja of forcing politicians to kneel before him. The Vice President resigned and led a quiet life before making a comeback as Githunguri MP in 1993.

For months now, Gachagua has been facing an onslaught from politicians allied to President William Ruto, a war which escalated following last Friday's television interview in which he confirmed that all was not well between him and his boss. Among the claims he made during the interview was that he had been kept in the dark regarding the President's diary.

Following the interview, Ruto's allies have openly threatened to impeach the Deputy President.

Mungatana's censure motion has, however, been dismissed by Gachagua's critics in the National Assembly and in the Senate.

Fellow Senator Khalwale said Mungatana had jumped the gun and should allow the National Assembly to exercise its mandate as stipulated by the Constitution.

Nandi Senator Samson Cherargei said a censure motion is inconsequential because it expresses strong disapproval of a State officer’s conduct but carries no legal consequences.

“The Senate Business Committee should reject Mungatana's censure motion. Those who want to impeach Gachagua should file an impeachment motion as per the Standing Orders of both Houses of Parliament where members will have a chance to look at the charges critically,” he said.

Kisii Senator Richard Onyonka said Gachagua is a consequence of the broken system of governance and that his troubles emanate from a silent war with President Ruto over resources.

National Assembly Deputy Speaker Gladys Shollei has warned  Gachagua that she is going to lead the impeachment process and that she will not allow the President to be distracted from delivering on his mandate.

Article 150 of the Constitution sets grounds for the removal from office of the Deputy President, including physical or mental incapacity to perform the functions of the office, or through an impeachment process.

The Standing Orders of the Senate and National Assembly state that the motion of censure aims to show strong disapproval of the conduct of a State officer so that citizens can be aware that the conduct is wanting.

Unlike an impeachment motion which leads to the State officer's losing their position, a censure motion only criticizes their conduct, leaving it to them to decide whether they want to continue holding the position or not.