Mumias East Member of Parliament Peter Salasya has weighed on Deputy President Rigathi Gachagua‘s impeachment after the High Court declined to stop public participation slated for Friday, October 4, 2024.
In a video shared on his official Instagram account on Thursday, October 3, 2024, Salasya argued that the second in command has high chances of surviving.
The first time lawmaker stated that although a majority of the MPs in the National Assembly are already fixed, there are still a few like him who will vote against the impeachment motion against DP Gachagua.
According to Salasya, the courts might not be able to stop the parliament’s process of impeaching Gachagua, until a verdict is made by the legislature.
“The law is very clear that Parliament is an independent institution, as well as the Judiciary. Among the three arms of the government, there is none that can stop a process of another that is within its jurisdiction. That now tells you there is no way a court can stop anything in the parliament until it brings its verdict,” Salasya stated.
“If it is public participation being done, was there enough time for advertisement, looking at the credibility of the procedure whether it was followed accordingly or not. The majority of the young people will tell you that Gachagua has options. Like for the Members of Parliament it is fixed, but few of us like myself will oppose his impeachment.”
Salasya on Gachagua’s survival
Salasya went ahead to claim that Gachagua would only need 13 senators to survive should the National Assembly impeach him, and should he fail to get support from the Senate, he could still argue his case in court.
“We should wait until the senate. He only needs 13 senators to survive. I think Gachagua should not be worried. If he feels like he will not manage to get the 13 senators, he can think of resignation but again after the verdict he can go to court and argue that the allegations leveled against him were not credible enough for him to be removed as Deputy President,” Salasya said.
Gachagua’s latest court dash
Gachagua on Thursday, October 3, 2024, filed an urgent application in court seeking orders to stop the public participation exercise, citing lack of legislative procedure.
In the Petition, Gachagua sought orders from the court to bar the respondents (Speaker of the National Assembly and 3 others) from carrying out the exercise and declare they have contravened and threaten provisions of the constitution.
However, the High Court declined to stop the Friday’s public participation on his impeachment.
Justice Bahati Mwamuye directed applicants to serve respondents ahead of the mention next week on Wednesday.
“The Application dated 02/10/2024 shall be mentioned on 09/10/2024 virtually to confirm compliance and to take directions on the expedited hearing and determination of the matter,” the court papers read.
“The Court may on that day issue such interim conservatory orders or further directions as shall be deemed just, fit, and proper to issue pending the hearing and determination of the matter.”
Gachagua’s fate
Gachagua’s fate lies with the 67 Senators who will either bury or rescue the political career of the embattled deputy president who joined elective politics as Mathira MP in 2017.
Article 145 of the Constitution gives the Senate power to decide whether Gachagua remains or goes home after the National Assembly is dispensed of its role of initiating the process.
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the Deputy President shall cease to hold office.
The motion to impeach Gachagua was moved by Kibwezi West MP Mwengi Mutuse, who insisted he has no grudge, malice, ill-will or personal vendetta but he is just doing his duty as a Kenyan and an MP.
