A Nation on Edge: The Senate Trial of Deputy President Gachagua

Kenya court says deputy president’s impeachment proceedings constitutional

Kenya’s parliamentary proceedings have officially commenced the process to remove Deputy President Rigathi Gachagua from office, following an overwhelming vote by the National Assembly last week to approve his impeachment. This significant development has led to a two-day trial in the Senate that will determine Gachagua’s fate.

Gachagua faces a total of 11 serious charges, including allegations of corruption, inciting ethnic tensions, and undermining government operations—all of which he has firmly denied. The impeachment process is rooted in a recent fallout between Gachagua and President William Ruto, who has chosen to remain silent on the matter.

Instead of utilizing an 11-member committee to investigate the charges, the Senate has opted to conduct the trial before the full house. During the initial proceedings, Gachagua stood in front of the Senate chamber as the charges against him were read aloud. He maintained his not-guilty plea for each accusation presented.

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Political analysts anticipate that the Senate may uphold the impeachment, as it is expected that ruling party senators will receive support from members of the main opposition, similar to the dynamics observed during the lower house’s vote.

The trial’s schedule includes the introduction and examination of evidence presented by the National Assembly against Gachagua, alongside the testimony of any witnesses. This segment of the trial is expected to last for three hours, followed by an additional two hours allocated for cross-examination.

On the second day of the trial, the Senate will address evidence and witnesses from Gachagua’s side before concluding the hearings in the late afternoon. Once all evidence has been presented, senators will engage in a debate on the motion for approximately two hours, followed by a vote scheduled for Thursday evening at 20:30 local time.

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For Gachagua to be removed from office, at least two-thirds of the 67 Senate members must support the motion. Should the impeachment proceed, Gachagua would be barred from holding any public office in the future. He has indicated that he would challenge any ruling that upholds his impeachment in court.

Despite his numerous attempts to halt the impeachment process—having filed at least 26 court cases—he has faced setbacks. Recently, a judge ruled against interfering with the Senate proceedings, affirming that the Senate must carry out its constitutional responsibilities. Additionally, a three-judge panel dismissed a similar request made just before the trial began.

Among the charges against Gachagua are accusations that he acquired assets valued at 5.2 billion Kenyan shillings (approximately $40 million or £31 million) within two years of assuming the role of deputy president, allegedly through corrupt means. Gachagua has argued that most of the properties in question were inherited from his late brother’s estate.

Known as a wealthy businessman from the politically influential Mount Kenya region, Gachagua’s rapid rise in the political hierarchy has been notable. Within five years, he transitioned from being a first-term Member of Parliament to Kenya’s deputy president, following Ruto’s selection of him as a running mate in the August 2022 elections.

However, Gachagua’s political ascent has not been without controversy. Prior to becoming deputy president, he was embroiled in corruption allegations, although these were later dismissed after he assumed his current position. His ongoing impeachment trial has captured the attention of the Kenyan public and media alike, sparking widespread discussion and speculation.

Many Kenyans view the political drama surrounding Gachagua’s impeachment as a diversion from pressing economic challenges, particularly the soaring cost of living that has affected the majority of the population. Earlier this year, widespread protests erupted in response to unpopular tax increases, revealing significant tensions between President Ruto and Gachagua.

Compounding the situation, Gachagua is accused of undermining the security agencies following his critical comments about the intelligence agency during this tumultuous period. As the trial unfolds, the implications for both Gachagua’s political career and Kenya’s political landscape remain significant, with observers keenly monitoring the developments and their potential impact on the nation’s governance and stability.

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