- Calls for the sacking of Deputy President Rigathi Gachagua have increased within the Kenya Kwanza coalition, especially from disgruntled UDA politicians.
- The Constitution of Kenya, under Article 150, sets out the conditions for the removal of a DP, including violations of the law and inability to perform duties
- The motion to impeach him must be supported by at least one third of the parliamentarians (117) in Parliament for the official procedures to begin
- If the National Assembly and Senate approve with a two-thirds majority, Gachagua can be removed from office, requiring 233 MPs and 45 senators.
Nairobi – The possibility of the impeachment of Deputy President Rigathi Gachagua has continued to attract national attention.
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This is happening while calls for his removal are dominating the political arena of the Kenya Kwanza administration and their allies.
Gachagua has faced increasing opposition from within the ruling United Democratic Alliance (UDA), with some politicians questioning his leadership style.
Discord within the party increased after the leaders of Mount Kenya East expressed dissatisfaction with its performance and political position.
In a country where political alliances change frequently, understanding the legal and constitutional framework leading to the impeachment of the Vice President is important.
What does the Constitution of Kenya say about the removal of the Deputy President
Constitution of Kenya of 2010 provides clear guidelines for the impeachment of the president and his deputy.
The conditions under which the Deputy President can be removed from office are specified in Article 150.
These articles protect against unjustified dismissal and ensure that the Deputy President is accountable to the people and the constitution.
According to the Constitution of Kenya, a DP can be dismissed if they break the law, engage in gross misconduct, or lose their ability to perform their duties due to physical or mental problems.
Motion to be resolved
The procedure to impeach him starts in the Parliament, for the member of parliament who wants to sue the DP to submit a resolution.
Their motion must specify grounds for dismissal, such as a violation of the Constitution or bad conduct.
Article 150(1)(b) of the Constitution states that there must be sufficient grounds to prosecute in order to remove someone from power.
In the case of Gachagua, the argument may continue to the next phase if there is strong evidence that he has violated the constitution.
For the impeachment motion to proceed, it must reach a certain level of support in the August Parliament.
The constitution requires at least one-third of all parliamentarians to support the motion for removal from power.
This ensures that the motion is supported by a majority of the parliament before any formal investigation or impeachment proceedings begin.
The number of parliamentarians required to pass this initial phase will be calculated according to the number of parliamentarians of special seats in the Parliament, which is 349.
Therefore, at least 117 MPs should express their support for Gachagua to be removed from office.
How will the accusations against Gachagua be proven?
Once the motion receives the necessary support, it moves to the next important step: a special committee investigation.
The Speaker of Parliament will appoint a special committee to investigate allegations against the DP if MPs approve the motion.
Members of Parliament form this committee and are responsible for reviewing the material and deciding whether the claims have merit.
A special committee conducts a thorough investigation to determine whether the DP violated the constitution or was involved in misconduct as alleged.
After completing their duties, MPs present their results to Parliament.
In this phase, the Deputy President is given the chance to defend himself and answer the accusations.
It is important to note that the investigation ensures fairness and justice in the prosecution process as the DP is given the opportunity to defend himself.
MPs vote on removing the Deputy President
Following the presentation of the results, the Parliament votes to accept the recommendations of the committee and the progress of the case.
At least two-thirds of the parliamentarians must vote in favor of the dismissal of the Deputy President in order for the impeachment process to continue.
This means that in order to impeach Gachagua, the resolution would need the support of approximately 233 MPs.
This high standard ensures that the impeachment of a serving DP is a major step that represents widespread political consensus.
Deputy President to appear before the Senate
The impeachment process will move forward to the Senate if the National Assembly approves with a two-thirds majority.
The Senate oversees the impeachment trial against the DP and serves as the trial chamber.
At this stage, the Senate creates a special committee to test the DP and evaluate the evidence provided by the National Assembly.
Depending on the decision of the case, the Senate can decide to support or reject the charges.
For an impeachment to be complete, at least two-thirds of senators must vote in favor of removing the Vice President from office. That works out to 45 out of 67 senators.
If the Senate votes to impeach him, the DP will be fired immediately, and the head of state will appoint a new DP.
How is the settlement of Gachagua a completed plan?
Earlier, Uasin Gishu Women's Representative Gladys Boss Shollei told the deputy president that she would be removed from power.
Shollei said that he would be in charge of the impeachment motion and no one would touch him Ruto while he is still there.
His comments came a few hours after the Kapseret Member of Parliament Oscar Sudi claiming that Gachagua will be removed from office after two weeks.
What else you need to know about the removal of Gachagua
- Makueni Senator Dan Maanzo said if Gachagua is sacked, he should go home with President William Ruto.
- The second commander warned the president against getting involved in plans to remove him from office
- Kikuyu Member of Parliament Kimani Ichung'wah revealed that Gachagua wanted to resign as there were no such plans.
- Member of Parliament Zaheer Jhanda claimed that President William Ruto has nothing to do with the impeachment of his deputy.
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