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EXPLAINER: DP Rigathi Gachagua's options if impeached

The impeachment motion is reported to be ready for tabling in Parliament

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by ALLAN KISIA

News27 September 2024 - 16:04
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In Summary


  • A section of Kenya Kwanza legislators have accused the DP of leveraging on the recent Gen Z demonstrations to overthrow President William Ruto.
  • Nyeri Governor Mutahi Kahiga has however warned that "for every action, there will be a reaction.
Deputy President Rigathi Gachagua

A formal motion for Deputy President Rigathi Gachagua’s impeachment is reportedly ready to be tabled in Parliament as early as next week.

Kimilili MP Didmus Barasa has announced his intention to move the motion and even claimed that the 117-signature threshold has already been met.

Should the motion find its way to the National Assembly, Gachagua’s impeachment will require 233 votes to pass.

Even as the signature collection continues, questions linger on the embattled Deputy President’s options.

Gachagua's first option

Nairobi-based lawyer Charles Kanjama said it is important to remember that the National Assembly has to approve the impeachment motion by at least two-thirds of MPs, and the Senate has to look at the grounds and make the decision.

“His first option is to lobby MPs to intervene, and if he fails and it goes to the Senate, the DP must present a strong case.”

“If he is unable to prevent it at the Senate, then his only option is to go to court. That is all there is.”

Resign before impeachment?

Lawyer Makau Mutua told the DP to resign before he was impeached.

In a statement shared on X on Friday, Mutua said the embattled DP should tender his resignation to save his political career.

He explained that impeachment is a death penalty because it bars one from ever holding public office.

” My free advice to DP— please resign before you are impeached. Impeachment is a political death penalty because it lustrates one for life barring you for life from ever holding any public office in the Republic of Kenya,” he said.

Wrong advice

Kanjama, however, said telling the DP to resign would be a wrong advice.

“Telling him to resign will be ill-advised. Somebody might go to court to have impeachment apply to even those who resign before they are ejected. A person with impeding Chapter 6 charges against them should not resign to save their careers,” he explained.

Impeachment plot

A section of Kenya Kwanza legislators have accused the DP of leveraging on the recent Gen Z demonstrations to overthrow President William Ruto.

Gachagua has since warned Ruto about the implications of the political landscape in 2027, stating that the “mountain is always ready to forgive but does not forget.”

In a rare show, MPs from across the political divides have united to express their dissatisfaction over Gachagua’s conduct in office.

Late Tuesday night, some Kenya Kwanza lawmakers reportedly convened at a hotel in Nairobi to strategise their next steps.

It is during this meeting that they reportedly outlined their approach for mobilising support and fine-tuning their message to constituents. This is to ensure that their push for impeachment resonates with the public.

Nyeri Governor Mutahi Kahiga has, however, warned that "for every action, there will be a reaction.

Wiper Party leader Kalonzo Musyoka has said an impeachment motion of any sort against the Deputy President should extend its tentacles and rope in his boss, President William Ruto.

“Let me be clear: If they bring a motion to impeach Deputy President Rigathi Gachagua in Parliament, they should also bring one against William Ruto,” Kalonzo said.

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