The Senate on Thursday moved to end Rigathi Gachagua’s two-year stint as the country’s second in command in a historic vote that could eventually destroy his political career.
The dramatic impeachment now paves the way for President William Ruto to nominate a deputy to replace besieged Gachagua, with whom he had fallen out.
Gachagua faced a plethora of accusations, including allegedly manipulating his late brother to sign a Will from his sick bed, corruption, ethnic discrimination and insubordination of President Ruto.
In the historic vote — the first of its kind in Kenya, both under the old Constitution and the 2010 law — Ruto allies and those of opposition chief Raila Odinga united to send home the DP.
The impeachment could potentially end Gachagua’s political career as individuals removed under similar circumstances are not allowed by law to hold any public office.
This means that unless the ouster is overturned by the courts, Gachagua’s political career has come to a screeching halt.
The former DP had mounted a tough political battle to take over as Mount Kenya’s political kingpin.
However, this political ambition turned out to be his major waterloo as he was accused of tribalism by advancing only the interest of his community.
The one-time MP for Mathira had likened the country to a company with shareholding, depending on how they voted in the 2022 polls.
However, it is expected that Gachagua would be moving to court to challenge his removal, especially after senators declined to adjourn the proceedings to allow him to testify.
Drama ensued at the Senate after the former DP failed to show up to present his oral defence before cross-examination by the National Assembly lawyers.
Gachagua’s lawyer, Paul Muite, reported to the House that his client was taken ill and was being attended to by doctors at Karen Hospital.
He said Gachagua had suffered severe chest pains and could not testify.
This triggered a heated argument between the counsels for Gachagua and those of the National Assembly over the implications of the DP’s failure to testify.
Gachagua’s team persuaded the Senate to suspend the hearing until he recovers and appears to defend himself against the allegations on Tuesday next week.
However, the National Assembly argued the impeachment hearings were time-bound and there was no assurance that the DP would have recovered by Tuesday.
Senate Speaker Amason Kingi would later rule that the proceedings could only be suspended until Saturday, when the ten-day timelines allowed by law would elapse.
He however said the adjournment decision would only be made by senators. When the issue was put to a vote, senators rejected the adjournment request.
Gachagua’s legal team opted to walk away, saying they could not make closing statements without instructions from the DP.
Muite cited Article 145(6)(b) which provides for a right to a fair hearing and rule 11 of the Senate standing orders (House Rules) to allow the Senate to accord the DP another opportunity to be heard.
“I humbly request that the House gives us a couple of days ahead up to Tuesday. We should know then when the DP can come before the House to defend himself,” Muite said.
But the National Assembly legal team argued that as much as they sympathise with the DP, the impeachment process has set constitutional timelines that must be adhered to.
“We would also want to be cognizant that we are dealing with a constitutional moment. We are dealing with a matter whose timeline is provided for in the constitution,” lawyer Eric Gumbo said.
In the vote, Gachagua failed to secure the support of at least 23 senators to scuttle his removal bid.
On Thursday morning, EACC put Gachagua at the centre of the Sh3.7 billion mosquito scandal, a key issue in the DP’s ouster motion.
Ethics and Anti-Corruption Commission Deputy Chief Executive Officer Abdi Mohamud drew a link between Crystal Kenya Limited and Gachagua’s two sons.
Crystal Kenya Limited is a local agent to Shobika Impex Limited, a company that bid for the lucrative mosquito nets tender.
“From the documents we have, it is clear the company directors are the two sons of the DP and that is the nexus between the DP and that particular company,” Mohamud told the Senate.
He narrated spirited attempts to favour Shobika Impex Limited.
The irregularities, he noted, led to the cancellation of the tendering process.
On Wednesday, Gachagua’s lawyers poked holes in the case by the National Assembly and dismissed the allegations against him as false, ridiculous and embarrassing and meant to whip emotions.
“If you accuse somebody of insubordination, the only person who can complain of being insubordinate is the supervisor. No statement from the President,” Elisha Ongoya, the DP’s lawyer, said.
Ongoya also dismantled the MP’s multiple allegations that the DP was corrupt, with Kibwezi West MP Mwengi Mutuse, a witness and sponsor of the impeachment motion in the National Assembly, admitting to several inadequacies.