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ARTICLE BY BENEDICT TOROITICH
Sometime back, I penned an opinion article detailing the ugly side of impeachment on the life of a Kenyan politician. I indicated that its impact is eternal and consequences are dire, especially on the political lifeline of an individual.
In the reading of the famous book ‘Why Nations Fail’ by Daron Acemoglu and James A Robinson, it is clear that the success or failure of a nation(s) is primarily due to the nature of their political and economic institutions.
The themes espoused in ‘Why Nations Fail’ are pertinent here. The book highlights how historical events and critical junctures, such as impeachments, can alter a nation’s institutions for better or worse.
In clusive institutions drive prosperity, while extractive institutions lead to economic meltdown and political destitution.
The current situation in Kenya suggests a move towards extractive institutions, where political power is used to consolidate control rather than serve the public interest.
The recent impeachment of Deputy President, Rigathi Gachagua, has sent shockwaves through the country’s political landscape.
This event, marked by controversy and political manoeuvring, raises critical questions about the health of Kenya’s democratic institutions and the long-term implications for the nation.
On October 17, 2024, the Senate voted to impeach Gachagua on five out of eleven charges, including gross violation of the constitution, undermining government authority and engaging in ethnically divisive politics.
This historic decision followed a similar motion approved by the National Assembly the previous week. Gachagua, who was hospitalised during the proceedings, was unable to defend himself, leading his lawyers to protest and walk out of the Senate session.
The impeachment process has been widely seen as politically driven, with many believing it was orchestrated by President William Ruto to consolidate power and eliminate a potential rival.
This perception is exacerbated by the swift nomination of Interior CS Kithure Kindiki to succeed Gachagua, suggesting a well-rehearsed plan.
The Senate’s decision to proceed with the impeachment despite Gachagua’s absence and health issues has compromised the integrity of the institution.
What should have been a robust defence of constitutional governance became a mere formality, undermining the rule of law and eroding trust in democratic institutions.
The impeachment sets a dangerous precedent where political convenience supersedes the rule of law, potentially leading to authoritarian tendencies.
It damages the foundation of Kenyan democracy and signals a decline in the nation’s jurisprudence. The spectacle does not merely end the career of a Deputy President but also threatens the very fabric of Kenyan society, laying ground for negative ethnicity and political instability.
To mitigate the damage, Kenya must ensure that the rule of law remains paramount. The nomination and swearing-in of the new Deputy President should be conducted within the stipulated period and in accordance with constitutional requirements.
The Independent Electoral and Boundaries Commission must be fully functional to address electoral despair and prevent further political instability.
Gachagua’s removal from
office is a stark reminder of the fragility of democratic institutions and the
need for vigilance in protecting them.
