- According to Duale, an impeachment motion cannot originate from the Senate and can only be initiated by a member of the National Assembly.
- It should, however, be noted that a censure motion is a debate to show strong disapproval against the conduct of a state officer; it's not an impeachment motion.
Environment, Climate Change and Forestry Cabinet Secretary Aden Duale has told off Tana River Senator Danson Mungatana over his censure motion against Deputy President Rigathi Gachagua.
In a statement on X Monday, which he termed as free advice to Mungatana, Duale said any censure motion against the DP can only originate from the National Assembly.
"To Senator Mungatana, read the constitution: A motion for impeachment of the Deputy President can only originate in the National Assembly pursuant to Article 150 of the constitution.
"The motion must be supported by one third, which is 117 members, and then supported by 233 members of the National Assembly for it to pass," he said.
According to Duale, an impeachment motion cannot originate from the Senate and can only be initiated by a member of the National Assembly.
"After passage in the National Assembly, it then makes its way to the Senate to be considered as appropriate, including hearing by the Senate or special Committee and thereafter the Senate will vote on the charges if supported by two thirds of all the members of the Senate, the person shall stand impeached.
"The Senate cannot therefore initiate the motion. To note is that also only a member of the assembly can initiate the process. Free advice as a former majority leader," Duale said.
It should, however, be noted that a censure motion is a debate to show strong disapproval against the conduct of a state officer; it's not an impeachment motion.
Duale's remarks come after Mungatana said he filed a censure motion against Gachagua with the office of the Speaker of the Senate early Monday.
The senator alleges that the DP has engaged in divisive politics and betrayed his oath of office among other allegations.
In a qucik rejoinder to Duale, Mungatana said the CS was confusing between an impeachment and a censure motion.
"I have filed a motion of censure not impeachment...please read your files," the Senator told Duale.
Gachagua is facing growing isolation amid an alleged impeachment motion, which has served to further alienate him in government and has somewhat resorted to fighting back by endearing himself to the voters through public rallies.
DP during an interview on Citizen TV on Friday, the DP lamented about being removed from President William Ruto's diary WhatsApp group.
The DP said that the move to remove him and some of his staff has made it difficult to work efficiently.
He, however, said that he would find the right time to talk to the President and sort out the issue.
"I always align my diary with that of the President, all the time, and as long as I'm aware of that function, I align accordingly. Sometimes if I'm not aware, I'm unable to align because I also have my programme," he said during the interview.
Head of Creative Economy and Special Projects in the Office of the President, Dennis Itumbi, however said the diary WhatsApp group was deleted after highly classified documents were being shared to other groups.