Nairobi, Kenya | By Michael Wandati | Kenya’s Deputy President Rigathi Gachagua has firmly denied all 11 charges presented against him in an impeachment motion initiated by Kibwezi West MP Eckomas Mwengi Mutuse.
The motion, which was passed by the National Assembly with overwhelming support from 282 MPs, accuses Gachagua of gross misconduct and multiple violations of the Constitution.
Appearing before the Senate on Wednesday, Gachagua pleaded not guilty to the charges, which were read out by Clerk Jeremiah Nyegenye. The allegations against him involve serious breaches of constitutional provisions, including violations of Articles 10, 27, 73, 75, 129, 147, and 152, which cover national values, leadership integrity, and governance principles.
One of the key charges claims that Gachagua undermined the authority of President William Ruto and the Cabinet, thereby obstructing the government from carrying out its duties. Additionally, the motion accuses him of violating Article 147, which outlines the Deputy President’s role, by engaging in actions that compromised Cabinet operations and disrupted government functions.
Gachagua is also charged with undermining devolution, a central feature of Kenya’s governance system, by overstepping his authority in matters concerning county governments. He is accused of interfering in local governance, particularly in Nairobi, where his involvement in market relocations and criticism of alcohol regulation policies led to conflicts with local authorities.
Another serious charge against the Deputy President involves allegations of undermining judicial independence, as outlined in Article 160 of the Constitution. He is accused of compromising the judiciary’s independence by influencing judges, violating the separation of powers principle.
Additionally, Gachagua faces charges of inciting ethnic divisions through a speech made in Kajiado in 2023. During this address, he reportedly suggested that government projects and public sector jobs would be distributed based on ethnic communities’ support in the 2022 General Election. This statement has been interpreted as promoting ethnic bias and discrimination, a breach of the National Cohesion and Integration Act.
Financial misconduct is also among the accusations, with Gachagua being charged under the Anti-Corruption and Economic Crimes Act and the Proceeds of Crime and Anti-Money Laundering Act. He is alleged to have engaged in illegal financial dealings, including the misappropriation of public funds.
Moreover, Gachagua is accused of misleading the public through false and inflammatory statements, in violation of Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act, which emphasize transparency and accountability in leadership.
The final charge accuses Gachagua of undermining the National Security Intelligence Service (NSIS) and publicly attacking its officers, further straining his relationship with key government agencies.
The impeachment trial, which is closely watched by Kenyans, will determine the future of Gachagua’s political career as the Senate deliberates on these serious charges.
“Gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President and a member of the Cabinet and the National Security Council. H. E. the Deputy President has publicly attacked and undermined the work of the National Security Intelligence Service and its Officers,” read a section of the grounds for his impeachment.
During the Wednesday morning session of Deputy President Rigathi Gachagua’s impeachment trial, Senate Speaker Amason Kingi outlined the procedural schedule. The National Assembly was allocated three hours to present its case, which would include evidence and witness testimonies. An additional two hours were reserved for cross-examination and re-examination of witnesses.
Senators were granted one hour to ask questions, seek clarifications, and summarize the day’s impeachment proceedings. This structure set the stage for a closely monitored and intense trial.
As the hearing commenced, Gachagua’s defense team, led by Senior Counsel Paul Muite, raised a preliminary objection. They argued that Senior Counsel James Orengo, representing the National Assembly, should be disqualified from participating in the impeachment process. Muite’s objection was based on the fact that Orengo is a full-time state officer, contending that this role should prevent him from being involved in the trial.
This legal challenge adds another layer of complexity to the high-profile impeachment proceedings, which continue to capture the nation’s attention.
“It would be prejudicial to our client if this House will allow Senior Counsel James Orengo to represent the National Assembly in this process,” submitted Gachagua’s legal team.
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In the ongoing impeachment trial of Deputy President Rigathi Gachagua, the National Assembly’s legal team swiftly dismissed a preliminary objection raised by Gachagua’s defense. The objection sought to disqualify Senior Counsel James Orengo from representing the National Assembly, arguing that as a full-time state officer, Orengo’s involvement violated legal norms. However, the National Assembly’s team countered that Orengo’s role in the case did not constitute gainful employment, and thus did not breach any regulations.
Additionally, Gachagua’s legal team, led by Senior Counsel Paul Muite, raised concerns over the introduction of what they described as “new evidence.” They argued that allowing this evidence would place the Deputy President at a disadvantage. Senate Speaker Amason Kingi chose to defer his ruling on the matter until Wednesday afternoon, leaving the issue unresolved for the time being.
The face-off between two legal heavyweights—Muite for Gachagua and Orengo for the National Assembly—has further heightened the tension in the high-stakes trial.
