The way has been paved for the sacking of Vice President Rigate Gachagwa in the National Assembly after Parliament Speaker Musa Wetangula approved the motion seeking to oust the second-in-command from the lucrative position.
From the beginning when Mr Wetang’ula began his message on receipt of the dismissal motion from Mwingi West MP Mwengi Mutuse, he received thunderous applause from the MPs who looked happy as they spoke warmly.
The House was in full capacity as Mr Wetangula was giving directions on the next step on the matter after ensuring that it met all legal requirements and was properly before the House.
The motion reached the council floor after 291 MPs signed the petition submitted by the West Kibwezi MP, exceeding a third of the 117 members required by the constitution of 349 members.
If the proposal receives the support of at least two-thirds of all 233 members of the National Assembly, the President of the House of Representatives must inform the President of the Senate of this decision within two days.
At this time, the Vice President continues to perform the duties of office pending the outcome of the proceedings in the Senate.
Within seven days after receiving notice of the decision from the President of the National Assembly, the President of the Senate shall convene a meeting of the Senate to hear the accusations against the Democratic Party.
The Senate may, by resolution, appoint a special committee composed of 11 of its members to investigate the matter.
The special committee will investigate the matter and submit a report to the Senate within 10 days if it finds that the details of the allegations against the vice president have been substantiated.
The representative has the right to attend and be represented before the Special Committee during its investigations.
If the Special Committee reports that the details of any allegation against the Attorney General have not been substantiated, no further action may be taken in relation to that allegation.
If proven, the Senate, after giving the Democratic Party an opportunity to be heard, votes on the impeachment.
If at least two-thirds of all Senators vote to uphold any impeachment charge, the Democratic Party must cease holding office immediately.
The Democratic Party, in the event of impeachment by the Senate, may decide to appeal the decision in court and the matter will be heard and decided.
The vacancy in the position of Vice President shall be filled within 14 days.
The president is asked to nominate a person to fill the vacancy, and the National Assembly votes on the nomination within 60 days of receiving it.
If a person assumes the office of Vice President under these circumstances, that person will be deemed to have served a full term as Vice President.
Mr Mutusi was given an opportunity to move the motion from the despatch box where he told the House for 10 minutes why he was convinced that Mr Gachagwa should no longer be Vice President of Kenya.
Mr Mutosi, who is serving his first term after being elected under Mendelieu Chape, said he had no personal vendetta against the DP saying he was only doing his constitutional duty as a member of Parliament.
Former Chief of Staff when he listed the current Cabinet Secretary Alfred Mutua gross violation of the Constitution, committing serious offenses under Section 13(1)(a) and 62 of the National Cohesion and Integration Act, committing offenses under Sections 45(1), 46, 47(a) and 48 (1) of the Anti-Corruption and Economic Crimes Act and Sections 2, 3, 4 and 7 of the Proceeds, Crime and Anti-Money Laundering Act among others. He indicated that he would enumerate them so that it is clear when the House of Representatives will discuss this proposal.
In flagrant violation of the Constitution, Mr. Gachagua was charged with violating Articles 10(2)a,b,c, 27(4), 73(1)(a) and 2(b) and c, 27(4), 75(1)a and 2 (b), 129 (2) of the Constitution and Article 147 (1) as read with Articles 131 (2) (c) and (d) of the Constitution.
“On various dates over the past two years, His Excellency Regathi Gachagwa has consistently made statements threatening to discriminate against any Kenyan on the grounds of conscience, ethnic or social origin, language or birth,” the motion reads.
Mr Mutusi said on various dates over the past two years, His Excellency Rigathi Gachagwa has made statements threatening to discriminate, exclude and illegalize sectors of the Republic with equal opportunities in public service appointments and allocation of public resources.
“The statements are highly inflammatory and inflammatory and significantly undermine national and peaceful coexistence among diverse communities in Kenya,” part of the dismissal motion said.
Mr. Mutosi said Mr. Rigathi’s statements in the past two years undermine the promotion of national unity in the context of the multi-ethnic demographics and cultural diversity of Kenyan society.
“In addition, they have the potential to alienate, isolate and create disharmony between different ethnic communities,” Motosi said.
Mr. Rigathi is also charged with serious offenses under Section 13(1)(a) and 62 of the National Cohesion and Integration Act, and Mr. Mutuz hereby states that the inflammatory, reckless and inflammatory public statements made by the Democratic Party over the past two years are offenses under Section 13 ( 1) and 62 of the National Cohesion and Integration Law
DP is also charged with offenses under Sections 45(1), 46, 47(a) and 48(1) of the Anti-Corruption and Economic Crimes Act and Sections 2, 3, 4 and 7 of the Proceeds and Crime and Anti-Money Laundering Act, and hereby, The Attorney General is accused of amassing a huge property portfolio estimated at Sh5.2 billion primarily suspected of proceeds of corruption and money laundering.
“The value of the property and wealth acquired by His Excellency Rigathi Gachagwa over the past two years is not consistent with his known legitimate income of Sh12 million per annum,” the motion read.
DP is accused of acquiring property and wealth through his wife and two sons (Kevin Rigathi Gachagwa and Keith Ekno Rigathi).
“It is patently clear that there are serious grounds to believe that His Excellency Reigathi Gachagwa, the Vice President using his position in the state, has committed serious economic crimes, namely conflict of interest, abuse of office and conspiracy to commit an offense under Section 45(1).” ) (a), 46, 47 and 48 (1) of the Anti-Corruption, Economic Crimes and Money Laundering Act pursuant to Sections 2, 3, 4 and 7 of the Proceeds of Crime and Anti-Money Laundering Act,” reads the motion.
Regarding gross misconduct (disobedience), Gachagua is accused of continuing to undermine the insult and disobedience instead of assisting the President in implementing the state mandate.
Mr Mutusi said that instead of helping the president, the second-in-command instead chose to launch a smear campaign against the presidency for political gain.
Mr Mutusi said Mr Gachagwa had openly sabotaged the states’ efforts in agriculture including the coffee, team, sugar and milk sectors which he was directed to privatise.
“Rigathi Gachagwa colluded with cartels in the tea sector to prevent the Kenya Tea Development Authority from implementing guaranteed minimum returns that would benefit smallholder tea farmers,” the motion said.
Majority Leader Kimani Echongwah urged Inspector General Douglas Kanga to ensure the safety of MPs while in Parliament, while carrying out their committee duties and when they return home.
“We are not dealing with an ordinary matter, we are not with an ordinary man. We are dealing with a black man with a black heart,” Mr Ichung’wah said.
Minority Leader Junit Muhammad also stressed the safety of the 291 lawmakers who signed the impeachment motion and urged more lawmakers to be present during the actual vote.
“The Inspector General must take responsibility for the safety of the 291. What we are doing is not easy. What the Housing Board is doing is constitutional, and the Board is only delegating it. There is nothing unconstitutional. This is an exercise granted by the Constitution,” Mr. Mohammed said.