Surprises as senators vote against the grain during embattled Gachagua's hour of need

The Senate in session during the hearing of an impeachment motion against former Deputy President Rigathi Gachagua on October 17, 2024. [Elvis Ogina, Standard]

The Senate distinguished itself as a house of reason on Thursday night when it considered the impeachment motion against Deputy President Rigathi Gachagua with more sobriety compared to the National Assembly.

Going by the voting, the senators considered each of the 11 counts and Gachagua was found guilty in five charges and acquitted of six grounds. 

Interestingly, some senators expected to stand with Gachagua betrayed him while others not expected to support him voted against all the charges.

Wiper Party stood out with all its four senators voting against all the charges facing Gachagua while several allies of the embattled Deputy President from Mt Kenya stood with him as others went against him.

Senators Karungo Thangwa (Kiambu), Kamau Murango (Kirinyaga), John Methu (Nyandarua), Enoch Wambua (Kitui), Agnes Kavindu (Machakos), Daniel Maanzo (Makueni), John Kinyua (Laikipia), Joseph Githuku (Lamu), Joe Nyutu (Murang’a) and Shakila Abdalla (Nominated) voted against all the charges.

“Since the impeachment against Deputy President Rigathi Gachagua was considered, we have not heard President William Ruto saying anything about it, I am not afraid to say that he is the one behind it. I know some of us will suffer consequences for standing with Gachagua, we will take them in our stride,” said Methu.

Senators Okiya Omtatah (Busia), Lenku Seki (Kajiado) and Crystal Asige (Nominated) surprised many when they joined those who rejected all the charges the embattled Deputy President faced, despite not being associated with him.

Nandi Senator Samson Cherargei, Nyeri Senator Wahome Wamatinga and Kisii Senator Richard Onyonka stood out as some of the senators expected to stand with Gachagua but ended up supporting some of the charges.

Cherargei, who had cast aspersion on the charges during the debate went ahead to vote in support of most of the charges leaving many Kenyans wondering what made him change his mind less than one hour later. Wamatinga hails from the same backyard with Gachagua but was seen last month joining other senators in voicing support for Prof Kithure Kindiki who has been nominated by President Ruto to take over as Gachagua’s successor and has already been approved by the National Assembly.

Onyonka has in the past dismissed the accusations facing Gachagua, stating that all politicians are tribal and that the embattled Deputy President was being crucified for what most politicians practise on a daily basis which he says are signs of a broken system.

A screen displaying how Senators cast their vote in an impeachment motion against former Deputy President Rigathi Gachagua on October 17, 2024. [Elvis Ogina, Standard]

On the first ground, Gachagua was accused of gross violation of articles 10,27, 73,75, 129, 131 and 147 of the Constitution, and 53 Senators (80.30%) voted in support of this charge while 13 Senators (19.70 per cent) voted against the charge.

On the second ground in which he was accused of gross violation of articles 147 and 152 of the Constitution by undermining the President and the cabinet and the effective discharge of the national government executive mandate, 39 Senators voted against this charge while 28 Senators voted in support of this charge.

On the third ground in which Gachagua was accused of gross violation of articles 6, 10,174, 186, 189 and the fourth schedule of the Constitution by undermining devolution, 45 senators voted against this charge against 19 Senators who supported it while 3 Senators abstained from voting.

Gachagua was further accused of gross violation of Article 160 of the Constitution on the institutional and decisional independence of judges, 51 senators voted in support of this charge while 16 senators voted against it.

The fifth ground was a gross violation of articles 3 and 148 of the Constitution on the fidelity to the oath of office and allegiance, 49 senators voted in support of this charge while 16 senators voted against it.

Further, Gachagua was accused of committing crimes under sections 13 and 62 of the National Cohesion and Integration Act, 48 senators voted in support of this charge while 18 senators voted against and one one senator abstained.

On the seventh ground in which Gachagua was accused of committing gross economic crimes under sections 45, 46, 47 and 48 of the Anti-Corruption and Economic Crimes Act and sections 2,3,4 and 7 of Proceeds of Crime and Anti Money Laundering Act, 53 Senators voted against this charge while 13 Senators supported it with 1 Senator abstaining.

Gachagua was alleged to have continuously misled members of the public through false, malicious, divisive and inciteful remarks.