Court declines to stop Gacahagua’s impeachment motion

By Peter Ochieng

Deputy President Rigathi Gachagua may be counting his last days in office, as the push to impeach him gathers pace.

An impeachment motion against him is highly likely to be tabled on Tuesday, after the High Court in Nairobi declined to stop the process.

The application was filed by former United Democratic Alliance (UDA) Secretary General Cleophas Malalah.

He sought to block any further discussions or actions on a motion seeking to remove or impose sanctions on Gachagua, arguing that both the Senate and National Assembly fail to meet the constitutional gender rule, as outlined in Article 27(8) and Article 81(b) of the Kenyan Constitution.

“The basis advanced by the petitioner/applicant is that the 1st and 2nd respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the respondents, jointly and severally, to meet the constitutional requirements regarding the ‘no more than two-thirds gender rule’ set out under Article 27(8) and Article 81(b) of the Constitution,” read the motion in part.

Justice Bahati Mwamuye certified the petition as urgent, but declined to issue interim orders stopping the impeachment motion. The respondents have been directed to file their responses by October 3, 2024, with the petitioner allowed to file a rejoinder by October 4, 2024.

The matter will be mentioned in court again on October 7, 2024, for further directions. Accusations levelled against the Deputy President include violation of Article 10 on the National Values and Principles of Governance on account of his public utterances, which his accusers argue have been inciteful, reckless, inflammatory and capable of stirring ethnic hatred and balkanization.

He is also accused of violating articles 147, 148,174,186 and 189, besides being accused of corruptly and unlawfully acquiring assets using taxpayers’ money.

Gachagua has repeatedly maintained that there is nothing he can do to stop his impeachment.

However, he insists that he was elected on one ticket with President William Ruto, arguing that they should both be impeached or allowed to work until the end of their 5-term in 2027.