President William Ruto has nominated Interior Cabinet Secretary Kithure Kindiki to fill the Deputy President’s seat, a day after Rigathi Gachagua was impeached by the Senate. The nomination, made on Friday, has been forwarded to Parliament for a vote.
Gachagua’s impeachment, a historic first for a sitting deputy president in Kenya, followed an intense day of political drama and legal challenges. The Senate voted in favor of his removal, citing gross misconduct, undermining national unity, and insubordination to the President, among other charges.
In the first round of voting, 53 senators supported Gachagua’s ouster, with 13 opposed, on grounds of gross violations of constitutional articles related to national unity, integrity, and public service. However, the deputy president narrowly survived a second vote accusing him of undermining the President, where 39 senators voted against impeachment, while 28 were in favor.
The Senate’s decision to remove Gachagua came after a tense and dramatic day in the chamber. In a surprising turn of events, Gachagua was hospitalized with chest pains just hours before he was expected to testify in his defense. His legal team, led by veteran lawyer Paul Muite, requested a postponement of the proceedings, citing his health condition and invoking constitutional provisions that guarantee the right to be heard. However, the Senate rejected the request to delay, leading to the withdrawal of Gachagua’s defense team and a swift conclusion to the proceedings.
The grounds for Gachagua’s impeachment were extensive, ranging from accusations of undermining the President and Cabinet, violating the independence of the judiciary, to gross economic crimes under anti-corruption laws. The most decisive vote came on the charge of undermining national security, with 46 senators in favor and 20 opposed. Gachagua was also found guilty of violating Kenya’s National Cohesion and Integration Act.
With the vacancy in the Deputy President’s office, President Ruto moved quickly to nominate Kindiki, a key ally and former Senate Majority Leader. Kindiki, who currently holds the Interior docket, is expected to face scrutiny during the parliamentary vote, but his nomination has already sparked political speculation.
Gachagua’s removal has triggered a constitutional and political debate, with legal experts divided on the process and implications. Lawyer Ahmednasir Abdullahi criticized the rushed proceedings, while Ekuru Aukot, one of the architects of Kenya’s 2010 constitution, argued that Gachagua’s right to a fair hearing had been compromised.
Others, like lawyer Steve Ogolla, argued that Gachagua’s legal team made a tactical error by withdrawing from the proceedings, effectively losing their chance to influence the outcome. With a possible legal challenge looming, Gachagua may yet contest the impeachment in court.
