Senate to begin impeachment proceedings against DP Gachagua
Deputy President Rigathi Gachagua in Maragua where he presided over the Education Endowment Fund in Murang'a County on June 29, 2024.
The Senate impeachment trial of Deputy President Rigathi Gachagua will be heard in plenary after motion to set up a special committee failed to get a seconder.
House Speaker Amason Kingi on Wednesday, October 9, said the lawmakers would start considering charges leveled against the DP, and saw him impeached by the National Assembly, on October 16 and 17, 2024.
The Senate convened a special session on Wednesday morning after Mr Kingi gazetted a sitting for the senators to hear the charges relating to the impeachment.
"Pursuant to Article 145 (3) of the Constitution and Standing Order 78 (1) of the Senate Standing orders, I appoint the sitting of the Senate for Wednesday, October 9, 2024 at 9:30am as the sitting convened for the purpose of the hearing," the speaker said in a gazette notice dated October 9, 2024.
Mr Gachagua was successfully impeached in the National Assembly on Tuesday night with 282 MPs voting in favour, 44 against and only one abstaining.
Article 144 (2) of the Constitution stipulates that if the MPs secure the two-thirds majority required to remove the DP, the motion goes to the Senate, where a similar majority is required to remove Mr Gachagua.
If substantiated, the Senate shall, after giving the DP an opportunity to be heard, vote on the charges.
If at least two-thirds, being 45 Senators of the total membership of the
House, vote to sustain an impeachment charge, Mr Gachagua shall cease to hold office immediately.
If he is impeached by the Senate, Mr Gachagua may decide to appeal the decision in court.
If the impeachment and the courts uphold the removal, the vacancy in the office of the deputy president shall be filled within 14 days.
The president must nominate a person to fill the vacancy and the National Assembly must vote on the nomination within 60 days of receiving it.
Last week, Mr Kingi warned senators against making public comments on the Gachagua impeachment case that was destined for the Senate.
"Comments, whether written or oral, may prejudice the fair outcome of the proceedings not only in the Senate but also in the National Assembly as this is a function of both Houses of Parliament," Mr Kingi said.
