Deputy President Rigathi Gachagua impeached
Senators voted to uphold at least five charges against Gachagua.
Gachagua made history as the first deputy president to be impeached in Kenya.
In Summary
The year, 2024, will certainly go down in the books of history as one that some high-profile politicians in the country will live to regret its events.
It is the year that Kenya witnessed a significant political development where key figures including the second Deputy President Rigathi Gachagua faced impeachment proceedings and lost their jobs.
Others, however, survived.
In nearly all the cases, the allegations ranged from abuse of office to corruption and misconduct. Below are some of those who found themselves at the center of impeachment motions.
Rigathi Gachagua
He became the first deputy president to be impeached in Kenya’s history.
A record 281 MPs voted in favour of the ouster motion sponsored by Kibwezi West MP Mwengi Mutuse against 44 who voted to save him.
One MP abstained from voting.
Mutuse preferred 11 charges against him.
The accusations included gross violation of the constitution, undermining the President, undermining devolution, irregular acquisition of wealth, publicly attacking a judge, intimidating acting KEMSA CEO, promoting ethnicity, and insubordination to the President among other charges. Senators voted to uphold at least five charges against Gachagua on October 17.
These include ground one of shareholding, ground four of undermining the Independence of Judges, ground five of the National Cohesion and Integrity Act 4, ground six of crimes under the National Cohesion Act and ground nine of gross misconduct (Public Attacks to NIS).
Here’s how they voted on each allegation;
Gross Violation of Articles 10 (2) (A), (B) and (C); 27 (4), 73 (1) (A) and (2) (B); 75 (1) (C), and 129 (2) of the Constitution and Articles 147 (1), as read with Article 131 (2)(C) and (D) of the Constitution.
Yes 54, No 13, Abstention 0.
Gross Violation of Articles 147 (1) and 152 (1) of the Constitution.
Yes 28, No 39, Abstention 0.
Gross Violation Of Articles 6 (2), 10 (2) (A), 174, 186 (1), 189 (1) And The Fourth Schedule of the Constitution (Undermining Devolution)
Yes 19, No 45, Abstention 3.
Gross Violation Of 160 (1) Of The Constitution (Undermining the Institutional And Decisional Independence Of Judges)
Yes 51, No 16, Abstention 0.
Gross Violation Of Articles 3 (1) And 148 (5) (A) Of The Constitution (Breach Of The Oaths Of Office And Allegiance)
Yes 49, No 16, Abstention 2.
Serious Reasons To Believe that he has committed crimes under Sections 13 (1) (A) And 62 Of The National Cohesion And Integration Act
Yes 48, No 18, Abstention 1.
Serious Reasons To Believe that he has committed crimes under Sections 45 (1), 46, 47a (3), And 48 (1) Of The Anticorruption And Economic Crimes Act And Sections 2, 3, 4, And 7 Of The Proceeds Of Crime And Anti-Money Laundering Act
Yes 13, No 53, Abstention 1.
Serious Reasons To Believe That His Excellency Rigathi Gachagua Has Committed Crimes Under Section 132 Of The Penal Code And Section 29 Of The Leadership And Integrity Act
Yes 27, No 40, Abstention 0.
Gross Misconduct (Public Attacks On The National Security Intelligence Service And Its Officers) Yes 46, No 20, Abstention 1.
Gross Misconduct (Insubordination)
Yes 22, No 44, Abstention 0.
Gross Misconduct (Bullying)
Yes 18, No 4, Abstention 2.
Kawira Mwangaza, Meru Governor
Meru MCAs voted to impeach her on August 24 for the third time.
Some 49 MCAs voted in support of the ouster motion, while 17 voted to save her.
Three members failed to avail themselves at the assembly for the impeachment vote.
This was the third time in two years Mwangaza has been impeached, only to be saved by the Senate for lack of sufficient evidence.
Nominated MCA Zipporah Kinya who moved the impeachment motion accused her of three counts: gross violation of the constitution and other laws, gross misconduct and abuse of office.
In the gross violation of the constitution and other laws, Kinya said Mwangaza illegally revoked the appointment of Virginia Kawira as the secretary of the county public service board.
She said Mwangaza also failed to appoint the chairpersons of the Meru County Revenue Board, Meru Microfinance Corporation, Meru Youth Service Board, and Meru County Investment and Development Corporation Board as required by law thus failing to operationalise the said Boards.
At the Senate, members upheld the decision taken by the County Assembly to dismiss her.
Some 26 senators voted to uphold the first charge of gross violation of the Constitution and other laws.
At least 14 senators abstained while four voted in her favour.
On the second charge of gross misconduct, 26 senators voted in favour of her impeachment, two against, while 14 others abstained.
27 senators upheld the charge of abuse of office, one voted against and 14 abstained.
The Londiani junction road accident that claimed lives has also featured with the member claiming over Sh9 million in public funds were lost.
He further alleged that the governor caused the advertisement of the positions of doctors, nurses, and early childhood education (ECDE) teachers just to endear himself politically when he knew the county did not have the capacity to hire.
On gross misconduct, the governor, the MCA alleges that the county boss has been operating with impunity.
When the matter landed in the Senate, Mutai survived impeachment in the Senate on a technicality.
Mutai had argued that the County Assembly did not meet the two-thirds threshold when they impeached him.
He maintained that the Assembly needed to raise 32 votes to impeach him.
After hours of debate, Speaker Amason Kingi ruled that the matter be subjected to a vote by all the 47 delegations (elected senators).
Some 34 senators voted to uphold the objection, while 10 voted against it.
There was no abstention.
"The motion having been approved, the hearing proceedings on proposed removal from office by impeachment of Erick Mutai, the Governor of Kericho County, is hereby terminated," Kingi ruled.
Robert Monda, Kisii Deputy Governor
Monda was impeached on February 29 by the members of the Kisii County Assembly.
A total of 53 MCAs voted in favour of the ouster motion with a paltry 15 opposing it.
Monda has been Governor Simba Arati’s deputy since August 2022 when they assumed office.
He was kicked out of office on grounds of abuse of office with claims of bribery attached to the impeachment motion facing him.
Earlier before the vote to oust him, Monda who had appeared at the assembly to defend himself denied claims of graft.
He vigorously rebuffed the claim he had extorted a bribe to influence the employment of one Denis Misati, the youth in the Centre of the ouster motion filed against him by Ichuni ward MCA Wycliffe Siocha.
While there were registered monetary correspondences between his Mpesa and some bank accounts of the aggrieved, the payment was in relation to a debt that was being repaid to him by the young Misati's father.
About Sh 500,000 was forwarded to his contact in two instalments as a refund for money he had early extended to Misati's father, a family friend of many years, he said.
It is however through the cordial relationship with Misati's that had made them free to reach out to each other for help.
He however denied using the same money to influence a failed employment opportunity of Misati's at Gusii Water and Sanitation Company.
Regarding the family relationship with brother Reuben Monda resulting in his arrest after an altercation, the Deputy Governor said he had reported the matter to the police who were better placed to handle it than fighting with machetes as brothers.
On March 15, the Senate upheld the impeachment making him the first deputy governor to be ousted since the start of devolution in Kenya.
On the first and second counts, 39 senators voted in favour of his removal from office, three voted against and one abstained.
On the third count, 35 senators voted in favour of Monda's removal, seven voted against while one abstained.
On the last count, 32 senators voted for his removal, 10 against and one abstained.
Senators voted to uphold at least five charges against Gachagua.