Security has been significantly increased around Parliament as the impeachment trial of Deputy President Rigathi Gachagua commences.
Law enforcement officers, both in uniform and plainclothes, are ensuring that only authorized personnel gain access to the precincts, with barriers blocking off Parliament Road to both motorists and pedestrians.
Access to nearby City Hall Way and Harambee Avenue has also been restricted to maintain order.
As the 67-member Senate begins the crucial process to hear Gachagua’s proposed motion for removal from office, the stakes are high.
The Senate has set aside two days to review the impeachment motion passed by the National Assembly last week, marking a historic moment for the embattled Deputy President.
Gachagua, facing the daunting challenge of securing at least 23 votes to avoid ouster, is reportedly relying on divisions within the ruling Kenya Kwanza alliance and tensions within the Azimio coalition to bolster his defense.
If at least 45 senators vote to uphold any of the 11 charges against him, he would be deemed removed from office, effectively barring him from public service for life under the leadership and integrity law.
Attempts by Gachagua’s legal team to stop the impeachment proceedings failed after a three-judge bench threw out the case on the basis of separation of powers of national institutions.
Replacing DP Gachagua
With Gachagua’s political future hanging in the balance, intense lobbying is reportedly taking place within political circles. Sources suggest that discussions are underway regarding his potential replacement, which could be announced before Mashujaa Day on October 20.
According to constitutional provisions, if Gachagua is impeached, President William Ruto would have 14 days to nominate a successor.
Article 148(6)(c) of the Constitution outlines that a vacancy arises in the office of the Deputy President upon removal, which would occur immediately after the Senate’s vote.
A gazette notice confirming the Senate’s decision is likely to be issued quickly, facilitating a National Assembly vote on the president’s nominee.
Gachagua will immediately lose all privileges if voted out by Senate
If the Senate votes for Gachagua’s removal, he will lose all associated privileges, including state security and his official residence in Karen.
The law stipulates that the National Assembly is not required to conduct public hearings for the Deputy President’s nominee, differing from the process for deputy governors. MPs will simply vote by a simple majority, allowing for a swift transition if Gachagua is impeached.
Once the vote is conducted, the new Deputy President would take the oath of office, as outlined in Article 149 of the Constitution, which mandates a nomination within 14 days following a vacancy.
Once removed from office, Gachagua will forfeit sweeping benefits accorded to retired and former deputy presidents as he is deemed not to have served a full term.
Gachagua completed two years in office on September 13 and would have served two and a half years by February 13, 2025.
