Kenyan MPs outline 10 grounds to impeach DP Rigathi Gachagua

Kenyan MPs outline 10 grounds to impeach DP Rigathi Gachagua
Kenya's Deputy President Rigathi Gachagua has been threatened with impeachment proceedings by lawmakers amid intense speculation that he has had a major fallout with President William Ruto.

Nairobi, Kenya | By Michael Wandati | Kenya’s Deputy President Rigathi Gachagua is set to confront a critical juncture on Tuesday afternoon as an impeachment motion is scheduled to be presented in Parliament.

According to a document obtained by the Kampala Dispatch, Kibwezi West MP Eckomas Mwengi has outlined ten charges aimed at removing the Deputy President from office, highlighting the ongoing turmoil within the Kenya Kwanza administration after two years in power.

Charge 1: Making inciteful remarks

The legislator has accused Gachagua of making statements that sow division among Kenyans along ethnic lines.

“Besides, the utterances are highly inflammatory and inciteful and significantly undermine national unity and the peaceful co-existence of Kenya’s diverse communities,” the motion reads in part. 

He made references to the controversial remarks the DP made in Kajiado in 2023, that the “the government of Kenya is a company and there are shareholders.”

Charge 2: Undermining the President and the Cabinet

The motion alleges that the Deputy President has undermined his superior by making comments that contradict government policies.

The legislator asserted that Gachagua opposed the Cabinet-approved orders for the evacuation of Nairobi River riparian areas.

“His Excellency Rigathi Gachagua made contradictory public statements despite being a Member of the Cabinet and being assigned the function of superintending the Nairobi River Riparian Evacuation Order,” the MP said. 

Charge 3: Interfering with leadership of Nairobi County government

The legislator further accused the Deputy President of meddling in Nairobi County affairs by allegedly inciting the public against the proposed relocation of Wakulima traders to Kangundo market.

“His Excellency Rigathi Gachagua’s inciteful and demeaning public statements and conduct undermine devolution, they undercut the functional and institutional integrity of county governments and unjustifiably vilify and ridicule the leadership of the Nairobi City County Government,” the motion reads in part. 

Charge 4: Attack against Lady Justice Esther Maina of the High Court

The lawmaker claimed that Gachagua launched harsh criticisms against the High Court judge following her ruling in a case involving the Deputy President. In that case, Justice Esther Maina ordered the parties to forfeit Ksh. 200 million to the State.

“His Excellency Rigathi Gachagua’s public attacks against the Judge are impeachable offences to the extent that they undermine the functional and decisional independence of judges,” the motion read in part.

Charge 5: Violating the Oath of Office

The fifth charge alleges that Gachagua breached the oath he took to uphold, preserve, protect, and defend the Constitution.

MP Mwengi argued that this violation contradicts Article 148 of the Constitution, which mandates that the Deputy President must carry out his duties in accordance with constitutional principles.

Charge 6: Violating the National Cohesion and Integration Act

Section 62 of the Act states that inciting ethnic hostility is an offense.

The motion claims that Gachagua has made provocative public statements since assuming office, which allegedly contribute to division among communities.

Charge 7: Amassing properties worth Ksh 5.2 billion illegally

Deputy President Gachagua is accused of amassing illicit wealth by allegedly using his spouse, two sons, and other close family members as proxies.

The lawmaker claims that Gachagua operates 22 companies to launder money and disguise the proceeds of crime, raising concerns about corruption and misuse of power at the highest levels of government.

“The value of the property and wealth that his Excellency Rigathi Gachagua has acquired over the last two years is incompatible with his known legitimate income (Ksh.12 million per annum or thereabouts),” the motion reads in part. 

Charge 8: Misleading the Public

In the motion, the MP alleges that Gachagua has persistently deceived the public with his divisive comments.

He highlighted Gachagua’s remarks about Lady Justice Esther Maina, accusing her of involvement in corruption.

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“He publicly said he would present a petition for the removal of the said judge (which he has not done to date), leading to the inevitable conclusion that he knew his allegations were false.”

Charge 9: Gross Misconduct

The MP pointed to a press briefing on June 26, 2024, in Mombasa County, during which the Deputy President criticized the National Intelligence Service Director General for not adequately gauging public sentiment, a failure he claims sparked widespread anti-government protests.

The lawmaker argued that such statements diminished public trust in the government’s capacity to fulfill its responsibilities.

Additionally, Gachagua was accused of collaborating with cartels in the agricultural sector, hindering farmers from benefiting fully from their harvests.

“His Excellency Rigathi Gachagua has influenced his family members, allies, associates, and proxies to take control of a local cooperative society (name withheld) in Mathira, which they are financially hemorrhaging.”

Charge 10: Bullying

The last reason cited for the impeachment motion pertains to allegations of bullying, with the MP claiming that the Deputy President frequently humiliates state and public officials who oppose him.

Furthermore, he accused Gachagua of pressuring officials from the Kenya Medical Supplies Agency to award a tender for mosquito net supplies to Crystal Limited.

Additionally, the MP alleged that Gachagua intimidated public officers and contractors to redirect construction materials intended for the Kilifi-Malindi Road project to instead tarmac a private road leading to Vipingo Beach Resort, a hotel linked to the Deputy President.

“The conduct of His Excellency Rigathi Gachagua, as depicted in this Motion is a ticking time bomb to the extent that it has the potential to plunge the country into ethnic hatred and strife.”