The word “impeachment” refers to the process of bringing charges against a government official for wrongdoing before a quasi-judicial body, initiated by a written accusation called “articles of impeachment.” The quasi-judicial body, sometimes referred to as a quasi-political court, is a non-judicial entity that has the power to interpret the law and make decisions similarly to a court of law.
The Constitution of Kenya provides that the National Assembly has the sole power of impeachment through its role of reviewing the conduct of the President, Deputy President, and other State officers and initiating the process of their removal from office (Article 95, Section 5). The Senate, on the other hand, has the sole power to try all impeachments and determine any resolution as per the provisions of Article 145 and Article 150(2) of the Constitution, in the case of the President and Deputy President, respectively.
However, whether it involves the President, Deputy President, Governors, Deputy Governors, or Cabinet Secretaries, no person shall be convicted without the concurrence of two-thirds of the Members of Parliament at the National Assembly.
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With that said, in this article, we will focus on what will happen if Rigathi Gachagua, the current Deputy President, is impeached. We all know he is in trouble, as the National Assembly has already approved his impeachment by a simple majority vote, and the articles of impeachment are now in the Senate.
The case of Deputy President Rigathi Gachagua
On October 8, 2024, at the National Assembly, 282 MPs voted in support of an impeachment motion against Deputy President Rigathi Gachagua. That’s more than two-thirds of the total 349 members eligible to vote in the House of Parliament. As a result, Moses Wetangula, the Speaker of the National Assembly, on behalf of the MPs, sent the articles of impeachment to the Senate within the required two-day period as stipulated by law.
Pursuant to Article 145(3) of the Constitution, within seven days of receiving the notice of a resolution from the Speaker of the National Assembly, Senate Speaker Amason Kingi has already set October 16 as the date on which Senators will convene to hear the charges against DP Gachagua. He is facing accusations of abuse of power, corruptly using the levers of government to amass unimaginable wealth within the short time he has been in office, and obstruction of government by gross misconduct, among other crimes and misdemeanours.
So today, the Senators will be meeting to consider evidence, hear witnesses, and vote to acquit or convict him in line with the provision of Article 150(b) of the Constitution, which states that a Deputy President can be removed from office on impeachment:
(i) on the ground of a gross violation of a provision of this Constitution or any other law;
(ii) where there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or
(iii) for gross misconduct.
Since a special committee to investigate DP Gachagua’s case was not formed, his impeachment trial will be determined by a two-thirds vote of the Senate for conviction. The penalty for an impeached official upon conviction is removal from office.
What will happen if DP Gachagua is removed from office?
Assuming that Rigathi Gachagua is found guilty and removed from office, the office of Deputy President of Kenya will be declared vacant.
“Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it,” reads Article 149(1) of the Constitution.
If a person assumes the office of Deputy President under these circumstances, they shall be deemed to have served a full term as Deputy President if, at the date of assumption, more than two and a half years remain before the next General Election.
If impeached, Deputy President Rigathi Gachagua may never be able to hold elected office again. However, if he is not found guilty, he will continue to serve in office.
The Parliament’s power of impeachment is a crucial tool for holding government officers accountable for violations of the law and abuses of power.
