“This is justice for the children of his late brother. When widows cry for justice, God answers them. Today is the answer,” those were the words of Senate Minority Leader Steward Madzayo as senators voted to endorse Deputy President Rigathi Gachagua’s removal from office.

In a historic move, senators yesterday concurred with a motion from the National Assembly that Gachagua should be removed from his Number-Two spot for gross misconduct, violation of the Constitution as well as his oath of office.

The soul of his late brother, Nderitu Gachagua was resurrected to haunt the DP who was accused of denying the deceased’s family vast wealth for self-benefit.

The debate in the DP’s impeachment took place as he lay at the Karen hospital where he was being treated after complaining of chest pains.

Gachagua was scheduled to testify in the afternoon but did not turn up with his lawyer Paul Muite informing the Senate that the DP had been taken ill.

Dr Dan Gikonyo of Karen Hospital would later reveal that the DP will be put under observation for at least three days.

“DP Gachagua came with a lot of chest pains. He is undergoing various investigations but right now he is stable. The pain is less. We had thought it was bad but we will monitor him closely and do tests. We will keep him in check for 72 hours at least so we do not want to rush anything,” the doctor told the press.

After voting against an adjournment motion, senators debated into the night, following a ruling by Senate Speaker Amason Kingi that proceedings could not be delayed.

“Impeachment process is both a political and legal process with consequences. If you respect the Constitution you must respect the institutions of accountability, including Parliament,” Senate Majority Leader Aaron Cheruiyot said.

“The people of Kilifi are aggrieved that instead of building a road for local residents. He built one leading to his hotel. This justice for children of his late brother. When widows cry, God answers them. Today is the answer,” Senator Madzayo added while seconding the motion, saying that when you are a deputy president you become a national leader.

Dissenting voices
“The deputy President has been going around preaching division. All Kenyans pay taxes. It is unfortunate that the Deputy President kept saying that Kenya is a company with shareholders,” said.

Kitui senator Enoch Wambua and his Nyandarua counterpart John Methu are among those who opposed the impeachment.

“The results of the impeachment will be painful. There is a reason why senators from Kirinyaga, Kiambu, Murang’a and Laikipia have been sanctioned by their people to reject this motion. The process is being conducted when we have a leader in hospital. The people from those regions are hurt. We will keep it in our hearts,” said Methu.

Nakuru senator Tabitha Keroche asked the Senate to make a decision that “will keep the country peaceful.”

“If the Senate decides to remove the DP, the position should be returned to the same community,” she said.

Earlier, lawyers from the National Assembly pleaded with the senators to uphold the decision of the National Assembly and send home Deputy President Rigathi Gachagua.

In their closing remarks, the lawyers said that the utterances made by Gachagua were in bad faith and t he ought to leave office.

Counsels Otiende Amollo, Tharaka MP George Murugara, Eric Gumbo as well as Mombasa Woman Representative Zamzam Mohammed told the Senate that it is evident the relationship between the President and Gachagua had totally collapsed.

They made their closing remarks after their colleagues led by Senior Counsel Paul Muite, representing Gachagua, recused themselves from the sittings when senators declined to postpone the hearing to Tuesday.

Muite had pleaded with them to postpone the sittings on grounds that Gachagua could not appear before them as he had suffered from severe chest pains leading to admission at the Karen hospital.

“I would like to inform honourable Senators that I’ve been able to contact the doctors at Karen Hospital, and because of his condition I was not able to directly talk to him on the advice of his doctors who said he must have complete rest for the time being. I was, however, informed by his doctors that he’s currently suffering intense chest pains. I did not want to inquire beyond that,” Muite told Senate.

Otiende argued that while the right to appear in person or by counsel is a right under article 145, like every other right, they can choose to exercise it or not to exercise it.

“I want to thank you Mr Speaker and the Senate for demonstrating the maturity of a democracy. So much so that even if the DP is unable to appear, without anything on record, this honourable Senate has accorded the DP the opportunity for his counsel to be present and they have voluntarily exited,” he opined.

Inciteful utterances
In his submission, the Rarieda MP said that the sentiments Gachagua had made are inciteful and discriminatory especially those saying that only who voted for Kenya Kwanza are entitled to resources and positions

“The meaning of those utterances is known to Kenyans. The danger in words is something we know in this country, way back in 2007. In our neighbouring country Rwanda, we know what words did. I heard the lawyers of the DP say that he did not take any action, under the law, under article 10, 27 you do not have to take any action. Utterances are enough because utterances can do the very damage that the constitution intends not to be done”.

On his part Murugara told the senators not to save Gachagua since he as he is not able to work with the president as their relationship had ended. He argued that Gachagua’s remarks were inciteful as he admitted to be part and parcel of the shareholding narrative in Kenya.

“The question is this, if the DP was to be saved by this House, with whom would he work. He actually admitted in the House and in the press, that he believed the President was behind this motion. He also admitted that he had actually gone against the Principle of Collective Responsibility on the basis that the cabinet had made unconstitutional decisions, which he had to disobey.”

Zamzam also called for the removal of Gachagua saying he had failed Kenyans over the shareholding narrative that he had been pushing.