Deputy President Rigathi Gachagua’s political career has taken a dramatic turn as the National Assembly recently impeached him by an overwhelming majority of 282 votes. The matter now moves to the Senate, where Gachagua’s fate will be decided in a process that has captured the nation’s attention. If the Senate upholds the impeachment, Gachagua risks losing not only his position but also the luxurious retirement benefits that come with the office. As Kenya’s political climate intensifies, the implications of his removal extend beyond politics, sparking debates about the legal nuances of impeachment, retirement benefits, and the role of the courts.
The Road to Impeachment
The impeachment of Deputy President Gachagua marks a significant political event, one with deep ramifications for Kenya’s political landscape. The National Assembly’s decision to impeach Gachagua was prompted by allegations of gross misconduct, abuse of office, and undermining the president’s authority. While the specifics of these allegations have not been fully laid out to the public, what is clear is that the political elite has rallied against the Deputy President, culminating in a vote that sets the stage for his potential removal from office.
Beginning next Wednesday, the Senate will convene to determine whether to uphold or reject the National Assembly’s decision. For Gachagua to survive the political storm, he will need the support of at least 23 Senators. Should the Senate vote in favor of the impeachment, Gachagua will be officially removed from office—a decision that carries significant legal and personal consequences.
The Stakes: Loss of Lavish Retirement Benefits
One of the most pressing issues surrounding Gachagua’s impeachment is whether he will lose the substantial retirement benefits typically accorded to former Deputy Presidents. Under Kenya’s Retirement Benefits Act of 2015, a retired Deputy President is entitled to a host of benefits, including a monthly pension equivalent to 80% of their last salary, a lump sum payment, luxury vehicles, full medical coverage, armed security, and more.
These benefits are extensive, offering both financial security and lifestyle privileges. The law provides for a pension based on 80% of the final salary, which means that even in retirement, a Deputy President continues to live comfortably on the public dime. Additionally, the retired Deputy President is entitled to a one-time lump sum payment equivalent to one year’s salary for every term served. Other perks include two luxury vehicles, with a replacement cycle every four years, a fuel allowance set at 15% of the current salary, and full medical cover for both local and international treatment.
However, these benefits are now in jeopardy. According to legal experts, including Lawyer Willis Otieno, the possibility of losing these benefits hinges on how the impeachment is handled. If Gachagua is removed from office following impeachment, he risks losing his retirement package. “When you are being impeached, it is a punishment, and if it is a punishment, you do not expect to enjoy the full benefits; otherwise, it defeats the very purpose of that penalty,” Otieno explained.
Legal Grounds: Can Gachagua Save His Benefits?
The question of whether Gachagua will lose his retirement benefits after impeachment has sparked significant legal debate. Lawyer Charles Kanjama highlighted that losing benefits isn’t automatic, and the matter is more nuanced than it may appear. “If the Deputy President is impeached, it doesn’t mean that he automatically loses those benefits. He can still enjoy them, but if Parliament then passes a motion saying that you have been removed based on the criteria stated in this law and we don’t want you to have the benefits, then he will lose the benefits,” Kanjama stated.
The Retirement Benefits Act does not explicitly state that an impeached Deputy President automatically loses their entitlements. The law instead provides mechanisms through which Parliament may decide to withhold such benefits, but this requires a separate motion after the impeachment process is complete. This leaves some room for Gachagua to potentially retain his retirement package, particularly if he opts to challenge the impeachment in court.
Otieno argues that Gachagua could theoretically retain his benefits if he chooses to resign before the impeachment process concludes. Voluntarily stepping down, as opposed to being removed, would allow Gachagua to retain the benefits provided to him under the law. In this case, the taxpayer would continue to fund his retirement despite his controversial exit from office. Otieno acknowledges the financial burden this would place on the public, saying, “The unfortunate bit is that the taxpayer must bear the burden of accommodating Deputy Gachagua if he opts to resign because having served in that office, the assumption is that he gave a service to the nation.”
Judicial Path: Will the Courts Intervene?
In addition to navigating the Senate and potentially facing the loss of his benefits, Gachagua also has the option of seeking judicial intervention. Legal experts believe that Gachagua has a solid case should he choose to challenge his impeachment in court. The crux of the matter would likely revolve around the constitutionality of the impeachment process itself. “Either the impeachment motion itself, which is the first process, or the impeachment proceedings at the National Assembly or the impeachment trial in the Senate—if any of those processes are found to be unconstitutional, then the whole process collapses,” said Kanjama.
However, both Kanjama and Otieno agree that the courts are unlikely to wade into the political waters surrounding this impeachment. The doctrine of judicial restraint, or avoidance, is likely to come into play here, where courts may opt to stay out of what is fundamentally a political process. “He has a solid case, but I don’t think the courts will want to wade into a political conversation. This is the time when courts normally exercise what is called judicial restraint, known as the doctrine of avoidance,” Otieno added.
The courts, in exercising restraint, may avoid ruling on politically charged issues unless there is a clear and blatant violation of the law. This is a safeguard intended to prevent the judiciary from becoming a political actor in its own right.
A Precedent for High-Profile Impeachments?
Gachagua’s impeachment is not an isolated case in Kenyan politics. High-profile impeachments of governors and other state officers have previously rocked the country. The legal and political wrangling surrounding these cases often highlights the tension between accountability and the preservation of personal benefits. The law is often challenged in these scenarios, with courts being called upon to interpret the constitutionality of impeachment proceedings and the entitlements of impeached officials.
If the Senate upholds Gachagua’s impeachment, it could set a precedent for future cases involving senior government officials. While Kenya has experienced impeachments at lower levels of government, the potential removal of a Deputy President signals a significant shift in political accountability and raises questions about the protection of public resources in cases of misconduct.
Conclusion: A Battle of Political and Legal Will
The impeachment of Deputy President Rigathi Gachagua has ignited a legal and political storm. His fate now rests with the Senate, which will soon decide whether to uphold or reject his removal. The implications of this decision extend far beyond Gachagua’s political career, touching on fundamental questions about the balance of power, legal rights, and the use of public resources.
If Gachagua is removed, he stands to lose the extensive retirement benefits that come with his office. While legal avenues may still offer him a lifeline, the courts are likely to exercise restraint, leaving Gachagua to navigate a highly charged political process. Ultimately, this case underscores the delicate interplay between law and politics in Kenya’s evolving democracy. As the nation waits for the Senate’s decision, the future of one of Kenya’s most prominent political figures hangs in the balance.
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