Deputy President Rigathi Gachagua has categorically denied all 11 charges brought against him in an impeachment Motion initiated by Kibwezi West MP Eckomas Mwengi Mutuse. The Motion, which sailed through the National Assembly endorsed by 282 MPs, accuses Gachagua of gross misconduct and violations of the Constitution. 

Appearing before the Senate on Wednesday, Gachagua pleaded not guilty to charges read by Clerk Jeremiah Nyegenye. The accusations stem from alleged gross violations of constitutional provisions, including Articles 10, 27, 73, 75, 129, 147, and 152 that provide for the National Values and Principles of Governance and others that govern the integrity of leadership.

The Deputy President is accused of undermining the authority of the President and the Cabinet thereby disrupting the national government from executing its mandate. Additionally, the Motion alleges that Gachagua violated Article 147, which outlines the roles and responsibilities of the Deputy President by engaging in activities that compromised the functioning of the Cabinet and government operations.

Gachagua is further charged with undermining devolution, a key pillar of Kenya’s governance structure, by contravening Articles 6, 10, 174, 186, and 189 of the Constitution which outline the relationship between the National Government and County Governments. Gachagua is alleged to have overstepped his mandate by meddling in the affairs of County Governments, particularly Nairobi, where his involvement in market relocations and criticisms of alcohol regulation policies sparked tensions.

Another charge against him is gross misconduct under Article 160, concerning the independence of the judiciary. Gachagua is accused of compromising judges' institutional and decisional independence, thereby violating the principle of separation of powers.

Beyond these accusations, the Deputy President faces charges of inflaming ethnic tensions through a controversial speech in Kajiado in 2023. In this address, Gachagua reportedly made inflammatory statements, asserting that the Kenyan government operates like a company and that government projects and public sector jobs would be allocated based on shares determined by how different ethnic communities voted in the 2022 General Election. Such remarks have been interpreted as incitement to ethnic division and discrimination, a direct violation of the National Cohesion and Integration Act.

The impeachment proceedings also raise allegations of financial improprieties, with Gachagua accused of engaging in illegal financial transactions under the Anti-Corruption and Economic Crimes Act and the Proceeds of Crime and Anti-Money Laundering Act. He is alleged to have engaged in financial misconduct including misappropriation of public funds and illegal financial dealings.

Additionally, Gachagua faces accusations of continuously misleading the public through false and inciteful statements. These statements according to the National Assembly are in violation of Section 132 of the Penal Code which criminalizes the use of misleading information to incite the public, as well as Section 29 of the Leadership and Integrity Act, which emphasizes transparency and accountability in leadership.

In a further charge, Gachagua is accused of publicly attacking and undermining the work of the National Security Intelligence Service and its officers. 

“Gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President and a member of the Cabinet and the National Security Council. H. E. the Deputy President has publicly attacked and undermined the work of the National Security Intelligence Service and its Officers,” read a section of the grounds for his impeachment.

During the Wednesday morning Senate session, Speaker Amason Kingi gave direction allocating the National Assembly three hours to present its case, supported by evidence and witnesses. An additional two hours were reserved for cross-examination and re-examination.

Senators would be granted one hour to ask questions, request clarifications and summarize the first day of impeachment proceedings.

As the hearing unfolded, Gachagua’s legal team, led by Senior Counsel Paul Muite, filed a preliminary objection. They sought to have Senior Counsel James Orengo barred from representing the National Assembly arguing that Orengo, a full-time state officer, should not be allowed to take part in the impeachment process.

“It would be prejudicial to our client if this House will allow Senior Counsel James Orengo to represent the National Assembly in this process,” submitted Gachagua’s legal team.

However, the National Assembly’s legal team dismissed the objection ruling that Orengo’s appearance in the matter did not constitute gainful employment. 

Gachagua’s team also sought to expunge what they described as new evidence arguing that admitting it would disadvantage the Deputy President. The Senate Speaker, however, deferred ruling on the matter until Wednesday afternoon.

The DP’s legal team is led by Senior Counsel Paul Muite while that of the National Assembly is led by Senior Counsel James Orengo.