Deputy President Rigathi Gachagua has been impeached by the Senate.

The Senate voted on the trial on Thursday, October 17, 2024, which was the second day of the hearing of the impeachment process.

Gachagua’s fate sealed

Gachagua‘s fate was sealed when 54 senators voted in favour of the first charge, with 13 voting against. Ground one, in the special motion, the DP was accused of gross violation of Articles 10 (2)(a), (b), and (c); 27 (4), 73 (1)(a) and (2)(b); 75 (1)(c), and 129 (2) of the Constitution; and Article 147 (1), as read together with Article 131 (2)(c) and (d) of the Constitution.

The second ground, which accused the DP of gross violation of Articles 147(1) and 152(1) of the Constitution by undermining the President and the Cabinet and the effective discharge of the national government’s executive mandate, was supported by 28 Senators while 39 opposed it.

19 Senators voted for ground three, with 45 voting against it. In the motion, ground three claimed that the DP was in violation of Articles 6 (2), 10 (2)(a), 174, 186 (1), 189 (1), and the Fourth Schedule to the Constitution by undermining Devolution.

The majority of the senators—51—voted for ground four, while 16 voted against it. The charge read that the DP was in violation of Article 160(1) of the Constitution on the institutional and decisional independence of judges.

More charges

49 Senators voted ‘Yes’ on count five, with 16 noting ‘No’ with two absentations. The ground stated that the former Mathira Member of Parliament violated Articles 3 (1) and 148 (5)(a) of the Constitution on the fidelity to the Oath of Office and Allegiance.

In regard to ground six, which said there are serious reasons to believe that the Deputy President committed crimes under sections 13(1)(a) and 62 of the National Cohesion and Integration Act, 48 Senators voted ‘Yes’ whereas 18 noted ‘No’ with one abstention.

On ground seven, which stated that there are serious reasons to believe that the DP committed gross economic crimes under sections 45 (1), 46, 47A (3), and 48(1) of the Anti-Corruption and Economic Crimes Act and sections 2, 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act, the yes camp was supported by 13 Senators while 53 opposed it, with one abstention recorded.

27 Senators voted in favour of ground eight, with 40 voting against it with zero abstention. The ground charged Gachagua with serious reasons to believe he has committed crimes by continuously misleading members of the public through false, malicious, divisive, and inciteful remarks that are contrary to the provisions of Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act.

46 Senators voted to support charge nine, which claimed that Gachagua was guilty of gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President and a member of the Cabinet and the National Security Council. 20 Senators opposed that claim with one abstention.

Ground 10 stated that the DP was guilty of gross misconduct by openly or publicly subordinating the President, and 22 Senators voted in agreement with the charge. 44 voted no with 0 abstentions.

On the last charge of gross misconduct by persistently bullying state and public officers, 17 Senators voted in its favour with 41 voting against it.