Gachagua's verdict: How senators engaged in a heated debate before voting

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

There was heated debate in parliament last night as Senators engaged before they voted for the impeachment of former Deputy President Rigathi Gachagua.

Those who supported Gachgaua’s removal maintained there were enough grounds for his removal while those against it claimed the Senate had not followed the due process to oust the DP whose impeachment happened while he was admitted at the Karen hospital.

Senate Majority leader and his Minority counterpart Aaron Cheruiyot and Stewart Madzayo respectively said the relationship between Gachagua and President William Ruto was irreparable and that the only remedy for him was to bid goodbye.

" I’m afraid that as legislators we have to listen to what the people are telling us. I can confirm both to this House and to the country that unfortunately, this country must make the difficult decision of having to say goodbye to Deputy President Gachagua,” Cheruiyot said.

He added “Reading through the response and the admissions by his affidavit it is either he does not appreciate the higher calling and the officer he holds or he has refused to accept the dictates of our constitution. Where there is conflict between a man and the constitution, a man must give way to the Constitution.”

Cheruioyot went further to claim that there have been efforts to reconcile Gachagua and the President but regretted that things have continued to worsen as opposed to getting better.

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

“There has been occasions where religious leaders, friend’s business circles have tried to mediate Gachagua and the President on some of these issues but instead of things getting better they ended up getting worse,” he said.

The Majority Leader called on the resignation of the commissioners of the National Cohesion and Integration Commission (NCIC) for what he called a lack of living up to the mandate on addressing remarks by some leaders that he deemed to have the potential of dividing the country along the tribal lines.

On his part, Senator Mazdayo claimed that the grounds presented before the Senate exhibited a lack of discipline and respect for Kenyans claiming that it was astonishing that a person of the Deputy President would claim that Kenya was a shareholding company.

“A person of the Deputy President is key to unite the country. If you are a Deputy President you are elected you are a leader, father, and grandfather to all Kenyans. However, it is not once or twice, that he was consistent in his remarks, he has been preaching the shareholding remarks.

Homa Bay Senator Moses Kajwang while equating Gachagua with the Biblical adulterous woman claimed Gachagua had committed political adultery and needed to be stoned to a political death.

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

“We must drain the swamp of adultery in this country. I'm convinced that Gachagua has committed political adultery and just like in the time of Moses where a woman who committed adultery was stoned to death, we must stone him to a political death for committing political adultery,” he said.

 Kisumu Senator Tom Ojienda while supporting the motion said, “The issue of shareholding that the Deputy President has eloquently talked about has been his the lowest as it violates article 10 (2) b of the constitution. The President is the embodiment of this country and any political agreement must adhere to the regulations.”

However, those opposed to the impeachment poked holes in the process followed while submitting the impeachment and claimed that the grounds presented did not meet the thresholds.

Nandi Senator Samson Cherargei said the process was flawed and that the Senate erred by not giving Gachagua a right to a fair hearing after he fell ill and was rushed to the hospital.

He also pointed out that Senate Speaker Amason Kingi also erred when he allowed Siaya Governor James Orengo to represent the National Assembly as the lead counsel against Gachagua’s impeachment.

“Article 50 of the Constitution warrants a fair administrative hearing but we have failed to give Gachagua a fair hearing. It is also unfortunate that we allowed the governor to participate in the impeachment aware of an existing ruling barring State officers from presenting their clients in court,” the Senator said.

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]

Kajiado Senator Seku Lenku said, “I am unable to see evidence that has been put in place for all the 11 grounds in this motion. Mp Mwengi Mutuse was unable to demonstrate on issues that had been raised on this motion. On charge 7 where Gachagua was alleged to have assets worth Sh5.2 billion the witness was not able to demonstrate that Gachagua had the amount of money as a result of contracts he had done with the government.”

Busia Senator Okoit Omtata said, “We did not follow Article 150 clause 2 of the constitution and it is unfortunate that the National Assembly did not establish necessary modifications of Article 145 as envisaged by the Constitution.”

At the same time, Kirinyaga Senator James Mulango said the charges were a manifestation that when a hyena wants to devour its children they told them that they smelled like meat while Nyandarua Senator John Methu accused the President of going against Gachagua.

“Insubordination claims can only be sanctioned by the President, but we have not been told that the President complained over the matter since we have not heard anything from him. We suppose that he is the biggest owner and mover of this motion. But this impeachment will be painful, hurtful, catastrophic and will have massive casualties, we might be the casualties for today but there might be other casualties tomorrow,” Murango added