The Impact of Gachagua’s Impeachment on Kenya’s Democratic Future

Deputy President Rigathi Gachagua was impeached by the Senate on October 17, 2024, in a historic and highly controversial move. The impeachment was marked by accusations of gross constitutional violations, undermining government authority, and engaging in ethnically divisive politics. This contentious process, which saw the Senate vote on five out of eleven charges, has raised critical questions about the state of Kenya’s democracy and the health of its political institutions. More than just a political event, Gachagua’s impeachment highlights the challenges facing Kenya’s governance structures, its commitment to the rule of law, and the nation’s future stability.

The themes articulated in the renowned book Why Nations Fail by Daron Acemoglu and James A. Robinson are relevant here. The authors argue that nations succeed or fail based on whether their institutions are inclusive or extractive. Inclusive institutions foster prosperity and political stability by promoting broad participation and accountability, while extractive institutions consolidate power in the hands of a few, leading to economic and political decay. As Kenya grapples with the implications of Gachagua’s impeachment, there is a growing concern that its institutions may be veering toward extractive practices that threaten to erode democracy and undermine the nation’s long-term prosperity.

The Impeachment Proceedings: A Questionable Process

The process that led to Gachagua’s impeachment has been criticized as politically motivated and procedurally flawed. The Senate’s decision to move forward with the impeachment despite Gachagua’s absence due to hospitalization has drawn widespread condemnation. His legal team protested the proceedings, staging a walkout in protest against what they perceived as a denial of Gachagua’s right to a fair defense. This sequence of events has brought into question the impartiality of the Senate and raised concerns about the erosion of judicial and legislative integrity.

Political analysts and critics alike have argued that the impeachment was orchestrated by President William Ruto as a means of consolidating his power and eliminating a potential rival. Gachagua, who had clashed with Ruto on several policy matters, posed a potential threat to the President’s authority. The rapid nomination of Interior CS Kithure Kindiki as Gachagua’s replacement has only added fuel to the speculation, leading many to believe that the impeachment was part of a premeditated political maneuver.

In a democratic society, impeachment should serve as a mechanism to uphold the rule of law and maintain accountability within the highest levels of government. It should be a tool of last resort, used only in cases of clear and substantiated wrongdoing. Instead, in this case, the impeachment process has become a symbol of Kenya’s increasingly divisive and authoritarian political climate. The Senate’s decision to proceed with the impeachment, regardless of Gachagua’s health, has been perceived by many as an indication that political considerations took precedence over due process and justice.

The Impact on Democratic Institutions

Gachagua’s impeachment has set a dangerous precedent for Kenya’s political future. When political convenience supersedes the rule of law, the foundation of democratic governance becomes vulnerable to authoritarianism. This impeachment has not only ended the career of a sitting Deputy President but also has wider implications for Kenya’s democratic institutions and the principles upon which they are built.

The Senate’s decision to proceed despite Gachagua’s absence calls into question the commitment of Kenya’s legislative body to uphold constitutional principles and the rule of law. The integrity of the Senate as a neutral arbiter of justice has been compromised, and public trust in Kenya’s democratic institutions has been eroded. If impeachment can be used as a tool to silence dissenting voices, then Kenya risks descending into a cycle of political retribution and instability.

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This erosion of institutional integrity is reminiscent of the scenarios described in Why Nations Fail. When political power is wielded to serve individual interests rather than the public good, it leads to the creation of extractive institutions that prioritize control and manipulation over inclusivity and accountability. In Kenya, the fallout from Gachagua’s impeachment has highlighted the danger of allowing political considerations to override the rule of law and the potential consequences for the country’s future.

The Rise of Negative Ethnicity and Political Instability

One of the most concerning aspects of Gachagua’s impeachment is the potential for increased ethnic division and political instability in Kenya. Gachagua’s supporters argue that the charges against him were influenced by ethnic considerations, and his removal from office has exacerbated tensions among various ethnic communities. This perception of ethnic bias has stoked fears of further division and conflict, threatening the fragile social fabric that holds Kenya together.

The rise of negative ethnicity, where political leaders mobilize support based on ethnic identities rather than national unity, poses a significant threat to Kenya’s democratic development. As political actors exploit ethnic divisions to advance their own agendas, the country risks descending into a cycle of factionalism and hostility. In this environment, the rule of law becomes secondary to ethnic loyalty, and democratic institutions are weakened by the forces of exclusion and division.

The emphasis on ethnic politics not only undermines national cohesion but also impedes the development of inclusive institutions that promote equal representation and participation. In a country as ethnically diverse as Kenya, the prioritization of ethnicity over merit and integrity threatens to erode the legitimacy of democratic governance and hinder the nation’s progress.

Restoring the Rule of Law and Protecting Democracy

To mitigate the damage caused by Gachagua’s impeachment, Kenya must take decisive steps to strengthen the rule of law and restore public trust in its democratic institutions. The appointment of a new Deputy President must be conducted transparently and in accordance with constitutional requirements, ensuring that the process respects the principles of fairness and accountability.

Additionally, the Independent Electoral and Boundaries Commission (IEBC) must be fully functional to address electoral disillusionment and prevent further political instability. As the country approaches future elections, a credible and impartial electoral body is essential to restore public confidence in the democratic process and promote peaceful transitions of power.

Kenya’s leaders must also prioritize the development of inclusive institutions that serve the public interest rather than personal or political agendas. This includes fostering an environment where political dissent is respected and protected, rather than punished. By upholding the rule of law and promoting inclusive governance, Kenya can begin to heal the divisions that have been exacerbated by Gachagua’s impeachment and prevent future political crises.

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A Call for Vigilance in Protecting Democracy

Gachagua’s removal from office serves as a stark reminder of the fragility of democratic institutions and the importance of vigilance in protecting them. When political power is used to silence opposition and suppress dissent, democracy suffers, and the rule of law is undermined. The events surrounding Gachagua’s impeachment highlight the need for Kenya’s leaders to recommit themselves to the principles of constitutional governance and democratic accountability.

Kenya’s future depends on the strength and integrity of its democratic institutions. If the country is to avoid the pitfalls of extractive institutions, it must work to ensure that political power is exercised in the service of the public good rather than personal ambition. This requires a commitment to transparency, accountability, and the rule of law, as well as a determination to protect the rights of all citizens, regardless of their political affiliations or ethnic backgrounds.

As Kenya moves forward, it must be vigilant in safeguarding its democratic values and resisting the allure of authoritarianism. The country’s leaders and citizens alike must work together to build a more inclusive and resilient democracy, one that is capable of withstanding the challenges of the modern world and ensuring a brighter future for all.

Conclusion

The impeachment of Deputy President Rigathi Gachagua is a turning point for Kenya’s political landscape and a test of its democratic resilience. As Kenya navigates this turbulent period, it must confront the broader implications of this event and take steps to protect its democratic institutions from further erosion. By reaffirming its commitment to the rule of law, promoting inclusivity, and resisting the forces of division and authoritarianism, Kenya can emerge from this crisis stronger and more united. Gachagua’s impeachment is a lesson in the importance of vigilance, accountability, and the need for all Kenyans to stand together in defense of democracy.

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