Cabinet Secretary Ministry of Environment, Climate Change and Forestry Aden Duale and city lawyer Donald Kipkorir have taken a swipe at Tana River senator Danson Mungatana over his move to file a censure motion against Deputy President Rigathi Gachagua.
Mungatana filed the motion with the Office of the Speaker of the Senate on Monday, September 23, 2024, arguing that the DP has engaged in divisive politics and betrayed his oath of office, among others.
Unlike an impeachment motion, a censure motion is a debate to show strong disapproval against the conduct of a state officer.
However, Duale and Kipkorir in their response to Mungatana have argued in a manner suggesting that the censure motion’s purpose is to impeach DP Gachagua.
Duale on Mungatana motion
Duale urged the lawmaker to read the Constitution of Kenya, stating that the DP’s impeachment can only originate from the National Assembly and not the Senate.
Duale further told Mungatana that the motion must be supported by one-third, which adds up to a total of 117 Members of Parliament before being approved by 233 members for it to pass.
According to Duale, the motion can only proceed to the Senate for consideration after being passed by the National Assembly.
“To Senator Danson Mungatana, read the constitution: A motion for impeachment of the Deputy president can only originate in the National Assembly pursuant to Article 150 of the Constitution. The motion must be supported by one-third which is 117 Members and then supported by 233 members of the National Assembly for it to pass.
“After passage in the National Assembly, it then makes its way to the Senate to be considered as appropriate including hearing by the Senate or special Committee and thereafter the Senate will vote on the charges if supported by two-thirds of all the members of the Senate, the person shall stand impeached. The Senate cannot therefore initiate the motion. To note is that also only a Member of the Assembly can initiate the process. Free advice as a former Majority Leader,” Duale stated.
Kipkorir on motion against Gachagua
Duale’s statement was echoed by Kipkorir, who also argued that an impeachment motion against a sitting Deputy President can only originate from the National Assembly.
In a statement shared via his official X account on Monday, September 23, 2024, the flamboyant lawyer claimed that DP Gachagua’s removal from office can only happen through impeachment proceedings initiated by a motion signed by 83 Members of the National Assembly.
Kipkorir further stated that any other attempt by anyone outside the National Assembly and without the 83 signatures is just but hot air and political posturing.
“Deputy President Rigathi Gachagua can only be removed by Impeachment Proceedings initiated by a Motion signed by 83 Members of the National Assembly. The Senate has no role. Impeachment of DP is the exclusive prerogative of the National Assembly. Any other attempt by anyone outside the National Assembly & without the 83 signatures is HOT-AIR & political posturing,” lawyer Kipkorir stated.
DP Gachagua is facing growing isolation amid an alleged impeachment motion, which has served to further alienate him in government and has somewhat resorted to fighting back by endearing himself to the voters through public rallies.
On Sunday, September 22, 2024, the DP was in Githurai, Kiambu county where he held rallies that he used to fire back at President William Ruto’s allies plotting to impeach him.
