Options for DP Rigathi Gachagua After Senate Impeachment

Deputy President Rigathi Gachagua faces an uncertain future after the Senate voted to impeach him, marking the first time in Kenya’s history that a sitting Deputy President has been removed from office under the 2010 Constitution.

Key Highlights:

Senate upholds impeachment: Senate votes to uphold the National Assembly’s decision to impeach Deputy President Gachagua.
First Deputy President impeached: This is the first time in Kenya’s history that a sitting Deputy President has been impeached.
Gachagua’s next move: If he fails to stop the impeachment in court, Gachagua will be barred from holding any elective office in Kenya.
Court process: Gachagua can still seek legal redress through the High Court, which has stated that he has the opportunity to challenge the process.
Possible Supreme Court appeal: The case could go all the way to the Supreme Court, with judicial authorities already affirming the Constitution as the guiding factor.

What next for Gachagua?

Following Thursday’s historic Senate vote, Deputy President Rigathi Gachagua’s political future now hangs in the balance. The Senate upheld the National Assembly’s decision to impeach him, officially ousting him from his role as Kenya’s second-in-command. While the move shocked many, it is now clear that Gachagua’s next step will likely involve the courts.

The High Court, earlier in the week, declined to stop the Senate trial but left the door open for Gachagua to seek legal redress even after impeachment. According to the court, Gachagua has the right to challenge the Senate’s decision, and his legal team has already filed a petition raising significant constitutional issues. Justice Chacha Mwita, who presided over the earlier case, affirmed that Gachagua could still approach the courts for an appeal.

“The petitioner still has the opportunity to approach the court after the process. The applications are not without a remedy,” the court clarified, offering Gachagua a lifeline in what has otherwise been a tumultuous week for the Deputy President.

Legal route for Gachagua

Gachagua’s legal team is expected to seek a court order suspending the Senate’s decision from taking effect until all legal processes are exhausted. According to constitutional experts, the matter might even go all the way to the Supreme Court, which would be a lengthy process that could delay the final outcome for months.

Deputy Chief Justice Philomena Mwilu, while addressing the matter, noted that the impeachment process is not unprecedented and that the courts would handle it according to the law. “It will be handled by we who sit in the Judiciary in the manner the Constitution has authorized us to do,” she said, indicating that the Judiciary is prepared to take on the case.

What If Gachagua fails to overturn the decision?

If Gachagua’s appeal is unsuccessful, the implications for his career could be severe. He will not only lose his position as Deputy President but will also be barred from contesting for any elective position in the country, dealing a significant blow to his once-promising political career. This would also pave the way for President William Ruto to nominate a new Deputy President, as outlined in Article 149 of the Constitution.

The President would have 14 days to present a nominee to the National Assembly, which would then have up to 60 days to approve the candidate. Names already being floated as possible replacements include Interior Cabinet Secretary Kithure Kindiki, Prime CS Musalia Mudavadi, Kirinyaga Governor Anne Waiguru, and even opposition leader Raila Odinga.

There have been reports that President Ruto may announce his nominee by the end of Friday, though Kenyans are still waiting for his official address on the matter.

What If Gachagua succeeds?

If the courts decide to overturn the Senate’s decision, Gachagua would retain his seat and continue working alongside President Ruto. This outcome would not only save his political career but also be a significant win for his camp, as Gachagua has repeatedly expressed his confidence in the Judiciary’s impartiality.

“I have no doubt that our eminent judges will protect and uphold the Constitution and always make sure that the will of the people is sovereign,” Gachagua said earlier in the week.

Background: The Road to Impeachment

Gachagua’s impeachment trial stems from allegations of gross misconduct and abuse of office, claims that his legal team has vehemently denied. His impeachment was initiated in the National Assembly, which voted in favor of the motion last week, citing corruption and negligence as grounds for removal. Following the National Assembly’s decision, the Senate conducted its own trial and, after days of heated debate, voted to impeach the Deputy President.

This development has further complicated the political landscape in Kenya, with President Ruto now tasked with navigating the fallout from this historic event as the Kenya Kwanza administration faces increased pressure to deliver on its promises.