Impeachment Process Advances: Gachagua's Fate in Senate's Hands

Following the passing of a motion to impeach Deputy President Rigathi Gachagua by the National Assembly on October 8, 2024, the next steps for the Deputy President's fate are now in motion. A total of 281 Members of Parliament voted in favor of the motion, prompting the Speaker of the National Assembly to convey this resolution to the Senate.

According to Article 145(2)(a) of the Constitution, if a motion receives support from at least two-thirds of the National Assembly, the Speaker must inform the Speaker of the Senate within two days. The Clerk of the National Assembly, Samuel Njoroge, has submitted the resolution regarding the special motion for the removal of Deputy President Gachagua. The motion, brought forth by Kibwezi West lawmaker Hon. Mwengi Mutuse, garnered support from 282 MPs, while 44 opposed it.

The Speaker of the Senate now has seven days to convene a session to hear the charges against the Deputy President. The Senate may choose to investigate the allegations as a whole or appoint an 11-member committee to conduct the inquiry.

If the special committee finds that any of the 11 grounds for impeachment are substantiated, the Senate will provide the Deputy President an opportunity to defend himself before voting on the impeachment charges. The Senate must complete its investigations, hearings, and voting within ten days. For any impeachment charge to be upheld, at least 45 Senators must vote in favor, leading to the Deputy President's removal from office.

“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,” states the constitutional provision.

In light of these developments, Speaker of the Senate Amason Jeffah Kingi has convened a session on October 9, 2024, to address the charges in the proposed removal of Deputy President Gachagua.