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| Deputy President Rigathi Gachagua |
Deputy President Rigathi Gachagua’s possible impeachment has continued to capture national attention. Deputy President Rigathi Gachagua’s stay in government has come under threat amid calls for his ouster. This comes as calls for his removal dominate the ruling Kenya Kwanza administration’s political landscape and their allies. Gachagua has faced increased opposition from within the ruling United Democratic Alliance (UDA) party, with some politicians questioning his leadership style. The rift within the party deepened after Mt. Kenya East leaders expressed dissatisfaction with his performance and political stance. In a country where political alignments shift frequently, understanding the legal and constitutional framework guiding the impeachment of a Deputy President is crucial.
What does the Kenyan Constitution say about DP’s ouster The 2010 Constitution of Kenya provides clear guidelines for the impeachment of the president and his deputy. The conditions under which a Deputy President may be removed from office are outlined in Article 150. These clauses protect against dismissal without cause and guarantee that the Deputy President is answerable to the people and the constitution. According to the Kenyan Constitution, the DP may be dismissed from office if they break the law, engage in serious misbehaviour, or lose their ability to carry out their duties due to physical or mental impairments. Motion of impeachment The impeachment procedure starts in the National Assembly, with an MP seeking to impeach the DP tabling a resolution.
Their motion must specify the grounds for impeachment, such as violation of the Constitution or striking misbehaviour. The Constitution’s Article 150(1)(b) states that there must be sufficient grounds for impeachment in order to remove a person from office. In Gachagua’s case, the motion may proceed to the next round if there is strong proof that he’s violated the constitution. For the impeachment motion to progress, it must meet a specific threshold of support in the August House. The Constitution requires that at least one-third of all MPs support the motion for impeachment. This ensures that the motion is backed by a substantial portion of the legislature before any formal investigation or removal proceedings can commence.
The number of MPs needed to pass this initial phase would be calculated based on the total number of sitting MPs in the National Assembly, which stands at 349. Therefore, at least 117 MPs must express their support for Gachagua’s removal from office. How will accusations by Gachagua be confirmed Once the motion gains the necessary backing, it moves to the next critical stage: a special committee investigation. The Speaker of the National Assembly appoints a special committee to probe the allegations against the DP if the MPs approve the motion. MPs make up this committee and are tasked with reviewing the material and deciding whether the claims have merit.
The special committee conducts a thorough investigation to determine whether the DP violated the constitution or engaged in gross misconduct as alleged. Upon completion of their mandate, the MPs present their findings to the National Assembly. During this phase, the DP is given an opportunity to defend themselves and respond to the allegations. It’s important to note that the investigation ensures fairness and justice in the impeachment process as the DP is given an opportunity to defend themselves.
by Didacus Malowa