Rigathi Gachagua's moment of truth

The fate of Deputy President Rigathi Gachagua is now in the hands of Parliament, whose 80 per cent members want him impeached.  

There was significant police presence around Parliament Buildings yesterday as Kibwezi West MP Mwengi Mutuse tabled a motion to impeach Gachagua.

Kenya embarks on uncharted political waters amid a strained relationship between President William Ruto and his deputy.

A bullish Gachagua has on the last few days been on the prowl in several parts of the country, warning the President not to betray him and voters from Mt Kenya who voted for Kenya Kwanza two years ago, arguing that no impeachment motion can be tabled in Parliament without Ruto’s approval.

The impeachment motion has the backing of members across the political divide having garnered the support of 291 MPs.

In his communication to the House yesterday, Speaker Moses Wetang’ula allowed the impeachment proceeding to commence, noting that it had surpassed the 117 MPs threshold.

“Having examined the notice of the special motion by the Member for Kibwezi West, I find that the special motion meets the requirements relating to form and threshold set out in the Articles 145 (1) and 150(1)(b) of the Constitution and Standing Order 64(1).

“I have also satisfied myself that the number of members who have appended their signatures in support of the special motion exceed the minimum threshold of 117 members in this House,” he said.

He added: “The special motion before the House presents an unprecedented constitutional moment in our democracy. Without a doubt, it summons this House to test, for the first time, under the 2010 Constitution the provisions relating to the removal from office by impeachment of the Deputy President.”

When tabling the motion, Mutuse cited 11 grounds amid cheers, foot thumping and some jeers from members.

“I want to make it clear to this House and to Kenyans that I have no malice, no ill-will, and no personal vendetta against the Deputy President. I am simply fulfilling my duty as a citizen and MP,” said Mutuse.

He accused the DP of committing crimes under Section 13(1)(a) and 62 of the National Cohesion and Integration Act and that he (Gachagua) had violated the same law that he swore to protect in his oath of office.

“I will demonstrate to this House that during the presidential debate, Gachagua did declare that he was worth Sh800 million. We are aware that he is paid slightly over Sh1 million, meaning that for the last two years, the much he could have accumulated justly is about 24 million. But I will demonstrate before Kenyans that he has properties to himself worth Sh5.2 billion. This is what we call unexplained assets and we must slay the dragon of corruption from the highest office,” submitted Mutuse.

Gachagua is also accused of allegedly violating sections 2, 3, 4 and 7 of the Proceeds of Crime and Anti-Money Laundering Act, committing crimes under Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act.

He has also been accused of being a “bully”, who has been threatening public officials, and carried himself in a manner that brings disrespect to the office that he holds.

Mutuse also accused the DP of gross misconduct in the manner of insubordination, insubordinating the presidency and the Kenyan state.

“The particulars of these grounds are that Rigathi has engaged himself in acts of omission and commission that constitute offences under our Constitution, under international law and offences under our own Statutes. This is the Constitution of the Republic of Kenya, it is not a mere document, it speaks to the soul of this nation,” said Mutuse.

He said he would be relying on documents, affidavits and electronic evidence as well as six witnesses who will testify to corroborate the evidence adduced.

Leader of Majority in the National Assembly Kimani Ichung’wah called for protection of the 291 MPs that appended their signatures on the Motion.

“The security of MPs is paramount and honourable Speaker, I say that looking at you because you know that on 25th June, none other than yourself, you were a target. And not a target for harm but a target for elimination based on the position you hold as Speaker and the ranking order should anything happen to the President and DP,” said Ichungwah.

“I say this being privy to the information that I was privy to on the 25th June and knowing that we are not dealing with an ordinary matter, we are not dealing with an ordinary man, we are dealing with a black man with a very black heart,” he added.

Leader of Minority Junet Mohammed reiterated the same, petitioning the Inspector General of Police to guarantee their safety. “We have just approved the new Inspector General of Police. He must take responsibility as the IG to guarantee the safety and the security of the 291 members,” he said.

The Speaker communicated that the House Business Committee yesterday approved a programme of public participation across the country to be coordinated from the 47 counties.

The public participation will be undertaken on Friday and any other previously scheduled activities until Monday 7, 2024 shall be suspended.
“We will hold a morning on Tuesday morning October 8, and commence an early afternoon sitting on the same day to consider the special motion. I will also interrupt tomorrow morning’s sitting and at noon for the briefing of the House on the manner of undertaking public participation,” added the Speaker.

The House will then accord Gachagua a chance to be heard either in person or through a legal representation or both. “Noting that the motion will be considered on October 8, I have directed that the Deputy President be notified of his right to appear on the said date from 5pm to 7pm,” he said.