Deputy President Rigathi Gachagua is preparing to face the Senate as he confronts impeachment proceedings aimed at his removal from office.
On Wednesday, Speaker Amason Kingi announced that the trial will take place in plenary session after a motion to create an 11-member special committee was withdrawn due to lack of a seconder.
The motion, proposed by Majority Leader Aaron Cheruiyot, was not seconded by Deputy Minority Leader Edwin Sifuna, leading to its withdrawal.
Standing Order 70 of the Senate rules states: “The question on any Motion shall not be proposed unless it shall have been seconded and any Motion that is not seconded shall be deemed to have been withdrawn and shall not be moved again in the same Session, unless with the permission of the Speaker.”
“The Motion having been deemed to be withdrawn, the proposal for a Special Committee is defeated. The Senate will therefore proceed with the investigation on the proposed removal from office, by impeachment, of the Deputy President in Plenary,” ruled the Speaker.
The trial is scheduled for Wednesday, October 16, and Thursday, October 17, 2024.
The Speaker has instructed the Clerk of the Senate to send invitations to both parties by the end of business on October 9.
Both parties are required to submit their responses to the Clerk’s Office by Monday, October 14.
Following this, the Clerk will distribute all necessary documents, including the Plenary Hearing Programme, to the Senators.
The National Assembly had approved the impeachment motion on Tuesday, October 8, 2024, citing 11 grounds for removal.
These grounds include serious allegations of constitutional violations, such as undermining the authority of the President, the Cabinet, and the effective functioning of the national government.
Gachagua is also accused of undermining devolution and violating Article 160 (1) of the Constitution, which safeguards the independence of judges.
Furthermore, the National Assembly claims there is substantial evidence indicating that he has committed offenses under the National Cohesion and Integration Act, as well as serious economic crimes under the Anti-Corruption and Economic Crimes Act and the Proceeds of Crime and Anti-Money Laundering Act.
Additional allegations assert that the Deputy President has misled the public through false, malicious, and divisive statements, potentially violating both the Penal Code and the Leadership and Integrity Act.
Moreover, he faces charges of gross misconduct inconsistent with the high standards expected of the Deputy President, a Cabinet member, and a member of the National Security Council.
The accusations also include publicly undermining the National Security Intelligence Service and its officers, openly challenging the President, and persistently bullying state and public officials.
As the trial approaches, the political landscape will be closely observed as the Senate navigates this momentous situation.