Explainer – How the National Assembly will handle the impeachment motion against DP Gachagua

𝐓𝐮𝐞𝐬𝐝𝐚𝐲, 𝐎𝐜𝐭𝐨𝐛𝐞𝐫 𝟖, 𝟐𝟎𝟐𝟒,
𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠𝐬, 𝐍𝐚𝐢𝐫𝐨𝐛𝐢

All eyes will be on the National Assembly this afternoon as Deputy President H.E. Rigathi Gachagua, EGH appears before the House to respond to allegations outlined in an impeachment Motion against him. 

The Deputy President is scheduled to appear before MPs between 5:00 pm and 7:00 pm.

In a Communication issued last week, Speaker of the National Assembly, Rt. Hon. (Dr.) Moses Masika Wetang'ula, E.G.H,MP , confirmed that Gachagua's appearance is consistent with the provisions of Articles 47 and 50 of the Constitution, as well as Standing Order 67.

Article 47 guarantees every individual the right to fair administrative action, while Article 50 ensures the right to a fair public hearing in the resolution of disputes.

“The Deputy President shall be notified of his right to appear before the House on Tuesday, October 8, 2024 and the allocation of time between 5:00 pm and 7:00 pm,” stated Speaker Wetang'ula.

Notice of the Special Motion to impeach the Deputy President was given by Hon. Mwengi Mutuse (Kibwezi West) on Tuesday, October 1, 2024. Today, the Report of the Public Participation exercise that was conducted between 2nd and 5th October, 2024 will be tabled on the floor of the House.

Hon. Mutuse will move the Special Motion and the Motion will be seconded followed by a general debate. MPs have been allocated 7 hours to debate on the Special Motion.

Thereafter the Deputy President is expected to make representation in person or by advocate, or both, in the Chamber for about two hours. 

On Monday night, DP Gachagua confirmed during a press conference at his Karen residence that he will personally appear before the House to defend himself.

After the DP concludes making his submission, MPs will vote on the Special Motion. Should the Motion be defeated, no further proceedings on the matter will take place, and Gachagua will retain his position.

Conversely, if the impeachment Motion garners the support of at least Two-Thirds of the National Assembly, the Speaker will notify the Speaker of the Senate within two days, as stipulated in Article 145 (2) (a) of the Constitution.

The National Assembly comprises 349 Members, including 290 elected from constituencies, 47 women elected from counties, and 12 nominated representatives.

Consequently, a two-thirds majority equates to 233 votes. 

Article 145 (2) (b) further clarifies that the Deputy President will continue to perform his duties pending the outcome of the proceedings. 

Following receipt of the resolution notice from the National Assembly, Senate Speaker Amason Kingi is required to convene a Senate meeting within seven days to consider the charges against the DP.

As outlined in Article 145 (3) (b), the Senate may establish a Special Committee of 11 Members to investigate the allegations within this seven-day timeframe. Articles 145 (4) (a) and (b) mandate that this Committee report its findings to the Senate within 10 days. 

If at least Two-Thirds of the Senate Members—comprising 67 total, including 47 elected and 20 nominated—vote to uphold any impeachment charges, the Deputy President shall cease to hold office, as specified in Article 145 (7).

This means that a minimum of 45 senators must support the Motion to remove the Deputy President from office.