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Senate upholds Deputy President Rigathi Gachagua impeachment

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Vice President Rigathi Gachagwa was impeached two years after he was sworn in.

At least 53 out of 66 senators voted on Thursday night to uphold the charges brought against him by the National Assembly last week.

About 282 members of Parliament supported the impeachment motion presented by Kibbutzi MP Mwingi Mutusi which then ended up in the Senate, the trial chamber.

Earlier in the day, Mr. Gachagua fell ill before he could take the stand before witnesses for questioning by the National Assembly’s lawyers. His doctor, Dan Gikonyo, said that his client came in complaining of chest pain and that he would monitor him for a period ranging from 48 to 72 hours.

Barring any court orders in the coming days, the impeachment paves the way for the nomination and subsequent approval of a replacement for his former boss William Ruto.

How did senators vote?

On the first count of serious breach of Article 10(2)(a), (b) and (c); 27(4), 73(1)(a) and (2)(b); 75 (1) (c) and 129 (2) of the Constitution and Articles 147 (1), as read with Article 131 (2) (c) and (d) of the Constitution, 54 legislators voted yes on impeachment while 13 legislators voted yes. Vote no.

On the second charge of gross violation of Articles 147 (1) and 152 (1) of the Constitution, 28 voted yes while 39 voted no.

Regarding the third charge of gross breach of Articles 6(2), 10(2)(a), 174, 186(1), 189(1) and the Fourth Schedule of the Constitution, 19 voted yes and 46 voted no.

On the fourth charge of gross breach of Article 160(1) of the Constitution, 51 voted yes and 16 voted no.

Count 5: Gross violation of Articles 3 (1) and 148 (5) (a) of the Constitution. On the fourth count of gross violation of Article 160 (1) of the Constitution, 49 voted yes and 16 no, while two abstained.

Count 6: Serious grounds for believing that His Excellency Mr. Rigate Gachagua has committed offenses under Sections 13(1)(a) and 62 of the National Cohesion and Integration Act, and on count 4 of gross breach of Section 160(1) of the National Cohesion and Integration Act. Constitution, 47 voted yes to 18 no, and one member abstained from voting.

Count 7: Serious grounds for believing that His Excellency Mr. Rigate Gachagua has committed offenses under Sections 45(1), 46, 47(a)(3) and 48(1) of the Anti-Corruption and Economic Crimes Act and Sections 2, 3, 4 and 7 of the Proceeds of Crime Act And combating money laundering, and on the fourth count of gross violation of Article 160 (1) of the Constitution, 13 voted yes and 53 voted no, with one member abstaining from voting.

Count 8: Serious grounds to believe that he has committed offenses under Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act, 27 voted yes and 40 voted no.

Count 9: Gross Misconduct (Insubordination); 46 voted yes, 20 voted no, while one member abstained from voting.

Reason 10. Serious misconduct (disobedience) 22 voted yes and 45 voted no.

Reason 11. Serious misconduct (bullying) 18 voted yes, 47 voted no, while 2 abstained.

What will happen next?

With the Senate confirming his conviction, the Democratic Party’s fight will likely move to the courts, which could return him to office — if he provides sufficient reasons — until the petition is decided.

The embattled MP has consistently expressed confidence in the judiciary, signaling his willingness to fight all the way to the Supreme Court, a protracted legal battle that may continue until the end of his term with President Ruto.

Barring any court orders in the coming days, the impeachment paves the way for the nomination and subsequent approval of a replacement for his former boss William Ruto.

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