BY JULIUS OTIENO
MPs are today taking a historic vote on removing Deputy President Rigathi Gachagua which could set the stage for yet a tougher hurdle for the DP. At least 233 MPs – two-thirds of all the members – are required to vote in favour of the impeachment motion to pave the way for its transition to the Senate – the Upper House.
At least 233 MPs – two-thirds of all the members – are required to vote in favour of the impeachment motion to pave the way for its transition to the Senate – the Upper House. The Senate is the trial chamber that holds the key to Gachagua’s fate.
The House will decide whether the DP will continue serving as the country’s second in command or vacate the lucrative and powerful office and smash his political career.
Gachagua faces several charges including gross violation of the constitution, abuse of office and gross misconduct.
Impeachment has far-reaching consequences.
If impeached, Gachagua’s short-stint in politics will collapse. He will not hold any other public office in the future. In addition, he will lose all his retirement perks.
“The Senate, being the trial Chamber, will be sitting as a quasi-judicial body to hear and determine the matter,” Speaker Amason Kingi said on Thursday.
Gachagua’s ouster comes at the time the House is set to consider the impeachment motion against Kericho Governor Erick Mutai.
On Wednesday, Kericho MCAs voted to remove the first-term county chief from office two years after his historic victory.
On Thursday, Speaker Amason Kingi notified lawmakers of the resolution of the Kericho County Assembly to impeach Governor Mutai.
“I received documents from the County Assembly of Kericho on the proposed removal from office, by impeachment of Erick Kipkoech Mutai, the Governor of Kericho County,” Kingi said.
This is the second governor whose impeachment case the Senate is hearing this year and the 13th since the advent of devolution in 2013.
Impeachment hearings are tedious processes that require lawmakers to sit for long hours and go through huge bundles of evidence besides verbal submissions.
On Thursday, Kingi warned senators against making public comments on the Gachagua impeachment case destined for the Senate.
“Comments made, whether written or spoken, may prejudice the just outcome of the process not only in the Senate but also in the National Assembly, as this is a function undertaken by both Houses of Parliament,” Kingi said.
Article 144 (2) of the Constitution provides that if the MPs secure the two-thirds threshold to remove the DP, the move shall transition to the Senate where a similar threshold shall be required to send Gachagua parking.
Analysis of the numbers in the Senate shows that the DP may need to do the donkey work – intense lobbying and persuasion – the deny the proponents of his ouster bid the required numbers.
“This vote will be taken along the political party line. Already, ODM appears to be supporting it. And with the majority side combined with ODM, it will not be difficult to pass this motion,” lawyer Elias Mutuma said.
However, Gachagua’s key allies, other opposition parties, and sympathizers seem not keen to vote for the motion.
There are 67 senators in the current Senate.
Out of the total, 34 are affiliated to the ruling Kenya Kwanza Alliance while 32 are allied to Azimio. One senator, Busia’s Okiya Omtatah was elected on the NRA ticket.
However, soon after the elections, UDM, which initially belonged to Azimio, moved to KK.
The party has three senators – two elected and one nominated. This reduced Azimio’s numbers to 28 and increased KK’s to 37.
Jubilee which belongs to the opposition coalition has since shifted allegiance to the ruling coalition. The party has five senators – four elected and one nominated.
The effect of the shift is that KK now has 42 members and Azimio 25. However, in Gachagua’s case, dynamics have further changed. Wiper, which has four members, has opposed Gachagua’s ouster.
This leaves Azimio with 21 members who are likely to support the motion. Further, there are indications that 10 elected and two nominated KK members from the Mt Kenya region are also opposed to the motion.
This leaves KK with 30 members.
Together with 21 from Azimio, largely ODM puts the number of those likely to support the motion at 51 – at least six senators more than the required threshold.
According to the constitution, the speaker of the National Assembly shall notify his Senate counterpart within two days.
“The Deputy President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article,” the constitution states.
Within seven days after receiving notice of a resolution from the Speaker of the National Assembly, the Senate speaker shall convene a meeting of the Senate to hear charges against the DP.
The case be prosecuted in the plenary – the whole House – or investigated by a committee of 11 members. In the case of a special committee, the team will investigate the matter; and report to the Senate within 10 days.
The DP shall have the right to appear and be represented before the special committee during its investigations. If the special committee reports that the particulars of any allegation against the DP have not been substantiated, further proceedings shall not be taken in respect of that allegation.
However, if the allegations have been substantiated, the Senate shall, after allowing the DP to be heard, vote on the impeachment charges.
The Star has established that most Senate are pushing for Gachagua’s case to be handled in the plenary to allow all members to participate in the historic motion.
“This is unprecedented. The deputy president is not a governor. He was elected by all Kenyans and therefore all senators should be allowed to participate in this motion,” Nandi Senator Samson Cherargei said.
Article 149 states that within fourteen days after a vacancy in the office of the DP arises, the President shall nominate a person to fill the vacancy.
The National Assembly shall vote on the nomination within 60 days after receiving it.
