The impeachment of Deputy President Rigathi Gachagua has sent shockwaves through Kenya’s political landscape, marking a significant shift in the country’s executive leadership. The impeachment motion was officially gazetted on October 17, 2024, by Senate Speaker Amason Kingi, following the Senate’s approval of the motion. This move not only seals Gachagua’s removal from office but also sets the stage for President William Ruto to nominate a new Deputy President, a process that will involve the National Assembly’s approval.
The Impeachment Grounds: A Legal and Constitutional Debate
The impeachment of Rigathi Gachagua was anchored on five main grounds, as detailed in the Gazette Notice. These grounds reflect serious constitutional and legal concerns, which ultimately led to the Senate’s decision to remove him from office. The complexity of the charges and the legal interpretations they entail will likely fuel intense public discourse in the weeks to come. Let’s delve into the five upheld grounds for his impeachment and their implications:
- Gross Violation of Articles 10 (2) (a), (b), and (c); 27 (4); 73 (1) (a) and (2) (b); 75 (1) (c), and 129 (2) of the Constitution
The first ground of Gachagua’s impeachment relates to his alleged gross violation of key constitutional principles. Article 10 outlines the national values and principles of governance, including democracy, social justice, inclusiveness, and integrity. Gachagua was accused of undermining these values, which form the cornerstone of the Kenyan Constitution. Additionally, the Senate cited his breach of Article 27 on equality and non-discrimination, and Articles 73 and 75, which detail leadership integrity and the ethical conduct expected of public officers.The inclusion of Article 129, which emphasizes the principles of executive authority, underscores the Senate’s argument that Gachagua’s actions were inconsistent with the expectations of a Deputy President, who is not only a key figure in governance but also a symbol of national unity. This ground reflects the broader concerns about how Gachagua’s conduct may have eroded the public’s trust in the executive branch. - Violation of Article 160 (1) on Judicial Independence
Gachagua was also accused of infringing on the institutional and decisional independence of the judiciary, as enshrined in Article 160 (1). This article guarantees that judges are independent and subject only to the Constitution and the law. Any interference with judicial independence is a direct threat to the rule of law, which forms the backbone of Kenya’s constitutional framework.The Senate’s focus on this violation suggests that Gachagua may have exerted undue pressure or influence over judicial processes, which could compromise the integrity of the justice system. In a country where the judiciary is often seen as a check on executive power, any threat to its independence is treated with the utmost seriousness. - Violation of Articles 3 (1) and 148 (5) (a) Regarding Oath of Office and Allegiance
The third ground for impeachment centered on Gachagua’s alleged violation of Articles 3 (1) and 148 (5) (a) of the Constitution. Article 3 (1) requires every person to respect, uphold, and defend the Constitution, while Article 148 (5) (a) obligates the Deputy President to faithfully execute their duties in allegiance to the country and its Constitution.According to the Senate, Gachagua failed to honor this oath of office, which raised serious questions about his loyalty to the principles he swore to uphold. This charge further casts a shadow on Gachagua’s commitment to the rule of law and his responsibility as a key leader in the country. - Potential Crimes Under the National Cohesion and Integration Act
Gachagua’s impeachment also stems from accusations that he may have committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act. This Act aims to foster national cohesion by outlawing discrimination and promoting unity among the country’s diverse communities. Gachagua was accused of actions that were deemed divisive and contrary to the spirit of national cohesion.These charges have sparked debate about the role of political leaders in promoting unity versus division, particularly in a country like Kenya, where ethnic tensions can flare up. If true, these accusations suggest that Gachagua’s actions could have exacerbated social divisions, thus undermining efforts to build a cohesive society. - Gross Misconduct and Undermining National Security Institutions
Perhaps the most serious charge against Gachagua is that of gross misconduct, specifically his public attacks on and undermining of the National Security Intelligence Service (NSIS) and its officers. The NSIS plays a critical role in maintaining Kenya’s national security, and any efforts to undermine its work could have far-reaching consequences for the country’s stability.The Senate argued that Gachagua’s actions were incompatible with the high calling and dignified status of the Office of the Deputy President, particularly in his role as a member of the Cabinet and the National Security Council. By allegedly undermining the NSIS, Gachagua was seen as jeopardizing the country’s security apparatus, a charge that undoubtedly weighed heavily on the Senate’s decision to remove him from office.
The Political Ramifications: What Next for Gachagua and Kenya?
Gachagua’s impeachment is a significant blow to his political career and raises critical questions about the future of the country’s executive leadership. With his removal from office, President William Ruto is now tasked with nominating a new Deputy President, a decision that will have far-reaching implications for the country’s governance.
The process of nominating a new Deputy President is expected to begin swiftly, with Ruto required to submit the name of his nominee to the National Assembly for approval. This will likely spark intense political negotiations, as different factions within the ruling coalition and the opposition maneuver for influence over the selection process. The choice of a new Deputy President will be critical not only in terms of governance but also in shaping the political dynamics ahead of the next general election.
For Gachagua, the impeachment represents a dramatic fall from grace. Having been a key ally of President Ruto during the 2022 general election, his removal from office signals a major shift in the political alliance that brought the Kenya Kwanza government to power. It remains to be seen whether Gachagua will attempt to stage a political comeback or fade into the background of Kenyan politics.
Broader Implications for Kenya’s Political Stability
The impeachment of a Deputy President is an extraordinary event in Kenyan politics and could set a new precedent for how executive accountability is enforced in the future. It demonstrates that even the highest offices in the land are not immune to scrutiny and underscores the importance of maintaining the integrity of public institutions.
However, the removal of Gachagua also risks deepening political divisions within the country, particularly among his supporters who may view the impeachment as politically motivated. How the government and opposition handle the aftermath of the impeachment will be crucial in ensuring that the country remains stable and united.
Conclusion
The impeachment of Deputy President Rigathi Gachagua marks a watershed moment in Kenya’s political history. The Senate’s decision, based on serious constitutional and legal violations, has set the stage for a new chapter in the country’s governance. As President Ruto prepares to nominate a new Deputy President, the country waits to see how this political drama will unfold and what it means for the future of Kenya’s leadership.
