Kenyan Court Rules Impeachment Proceedings Against Deputy President Are Constitutional

International Research and News Department 16-10-2024

The Kenyan Senate is poised to commence discussions on the impeachment of Deputy President Rigathi Gachagua following a court ruling that deemed the proceedings constitutional.

Last week, the National Assembly, the lower house of parliament, voted overwhelmingly to impeach Gachagua on 11 counts, including corruption, undermining the government, and inciting ethnic tensions. Gachagua has denied all allegations against him.

In court documents reviewed by Reuters, Gachagua described the impeachment motion—supported by opposition members and allies of President William Ruto—as politically motivated, alleging it was based on falsehoods and amounted to a “political lynching.”

Despite launching an appeal in the high court, Judge Eric Ogola announced on Wednesday that the impeachment process could proceed, allowing the Senate to conduct hearings and vote on Gachagua’s removal. “At this stage, the process is lawful and constitutional, and the Senate will hold a trial where all issues raised will be addressed,” the judge stated.

A decision from the Senate is anticipated on Thursday, and a two-thirds majority will be necessary for Gachagua’s dismissal.

The Senate, the upper chamber of parliament, began meetings last week and started debating the motion on Wednesday, initially in a closed session.

If Gachagua is removed, he would become the first deputy president to be impeached under Kenya’s revised 2010 constitution. The 59-year-old businessman, hailing from the Kikuyu community, previously navigated corruption allegations to become deputy president alongside Ruto, following a fiercely contested election in August 2022. Gachagua played a key role in securing crucial votes from central Kenya, but the relationship between him and Ruto has since deteriorated.

Recently, Gachagua has expressed concerns about being marginalized by the president and has been accused of supporting youth-led protests against the government that erupted in June, highlighting divisions within the upper echelons of power.

In response to these protests against tax hikes, which resulted in over 50 fatalities, Ruto dismissed most of his cabinet and appointed opposition members to what he termed a unity government.

While Ruto has not publicly commented on the impeachment, Gachagua acknowledged that the process could not advance without the president’s endorsement.