What next for Gachagua?
Following Thursday’s historic Senate vote, Deputy President Rigathi Gachagua’s political future now hangs in the balance. The Senate upheld the National Assembly’s decision to impeach him, officially ousting him from his role as Kenya’s second-in-command. While the move shocked many, it is now clear that Gachagua’s next step will likely involve the courts.
The High Court, earlier in the week, declined to stop the Senate trial but left the door open for Gachagua to seek legal redress even after impeachment. According to the court, Gachagua has the right to challenge the Senate’s decision, and his legal team has already filed a petition raising significant constitutional issues. Justice Chacha Mwita, who presided over the earlier case, affirmed that Gachagua could still approach the courts for an appeal.
Legal route for Gachagua
Gachagua’s legal team is expected to seek a court order suspending the Senate’s decision from taking effect until all legal processes are exhausted. According to constitutional experts, the matter might even go all the way to the Supreme Court, which would be a lengthy process that could delay the final outcome for months.
Deputy Chief Justice Philomena Mwilu, while addressing the matter, noted that the impeachment process is not unprecedented and that the courts would handle it according to the law. “It will be handled by we who sit in the Judiciary in the manner the Constitution has authorized us to do,” she said, indicating that the Judiciary is prepared to take on the case.
Deputy Chief Justice Philomena Mwilu
What If Gachagua fails to overturn the decision?
If Gachagua’s appeal is unsuccessful, the implications for his career could be severe. He will not only lose his position as Deputy President but will also be barred from contesting for any elective position in the country, dealing a significant blow to his once-promising political career. This would also pave the way for President William Ruto to nominate a new Deputy President, as outlined in Article 149 of the Constitution.
The President would have 14 days to present a nominee to the National Assembly, which would then have up to 60 days to approve the candidate. Names already being floated as possible replacements include Interior Cabinet Secretary Kithure Kindiki, Prime CS Musalia Mudavadi, Kirinyaga Governor Anne Waiguru, and even opposition leader Raila Odinga.
What If Gachagua succeeds?
If the courts decide to overturn the Senate’s decision, Gachagua would retain his seat and continue working alongside President Ruto. This outcome would not only save his political career but also be a significant win for his camp, as Gachagua has repeatedly expressed his confidence in the Judiciary’s impartiality.
“I have no doubt that our eminent judges will protect and uphold the Constitution and always make sure that the will of the people is sovereign,” Gachagua said earlier in the week.
Background: The Road to Impeachment
Gachagua’s impeachment trial stems from allegations of gross misconduct and abuse of office, claims that his legal team has vehemently denied. His impeachment was initiated in the National Assembly, which voted in favor of the motion last week, citing corruption and negligence as grounds for removal. Following the National Assembly’s decision, the Senate conducted its own trial and, after days of heated debate, voted to impeach the Deputy President.
This development has further complicated the political landscape in Kenya, with President Ruto now tasked with navigating the fallout from this historic event as the Kenya Kwanza administration faces increased pressure to deliver on its promises.
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