Kenyan lawmakers set a new record when they impeached Deputy President Rigathi Gachagua in October 2024.

Senators voted 54–13 to oust him. Senate Speaker Amason Kingi announced that he would cease to hold office. Gachagua’s exit was historic – the first Kenyan DP to be removed by impeachment.

However, just like a climber on a rocky cliff, he refuses to descend. Gachagua has started a new political outfit, the Democracy for the Citizens Party (DCP), but reason and law agree that when an impeached leader is ousted, they should never again hold power.

The Constitution closes the door on impeached politicians. Article 75(3) stipulates that any person dismissed or otherwise removed for breach of integrity standards is disqualified from holding any other State office.

That leaves Gachagua never to be President, DP, minister or any government official if his impeachment stands.

Article 99(2)(h) stipulates that a person who has abused public office or breached rules of integrity is not qualified for election as a Member of Parliament.

The message from the drafters of our Constitution is clear.

The present threat is that of a rebranding exercise. Gachagua and his team once served in the government that arrested and silenced the voices of the youth.

Now he portrays himself as a people’s champion. This is tactical. It does not undo what he did before.

The youth need to be aware of this fact. An impeached leader loses any moral authority to lead once more. Trust has been lost forever.

What about his new party? The law does not expressly bar him from forming or heading a party.

In practical terms, Section 3 (2) of the Political Parties Act, as read with Article 91 of the Constitution, states that a citizen of Kenya who has attained the age of 18 may form or participate in the formation of a political party, and thus the law does not bar him from forming DCP.

However, citizens should question whether it is for them or for one fallen politician.  

The lesson for Kenya’s youth is pressing. Impeachment is permanent in nature, though court battles may take time.

By law, whoever is brought down for corruption or abuse of power is done. They may cry about democracy, but their track record is louder.

It is not a crime to start a party, but it cannot erase the past. Kenyan democracy requires new leadership, not recycled politicians who sided with a leader who has dictatorial tendencies.

It is only a new crop of leaders who have clean records that can heal our nation. The time has come for the youth of Kenya to demand real change. Our future is at stake.

The moment you break the covenant with the people, you lose confidence forever.

We should never forget this; destiny lies in the hands of the young generation.

For once, no leader ousted for abuse, no matter the circumstances, should sneak back to power. Remain alert.

The writer is a Lawyer and a human rights Advocate