Gachagua Files Urgent Petition to Block Impeachment Debate

Deputy President Rigathi Gachagua has filed an urgent petition with the High Court seeking to prevent Parliament from proceeding with debates on his impeachment motion.

The 144-page document contends that the motion is both unconstitutional and predicated on false allegations. Gachagua's primary argument centres on preserving the democratic will of Kenyan voters who elected him to office. The impeachment motion, introduced by Kibwezi West MP Mwengi Mutuse, has garnered substantial parliamentary support, securing 291 signatures surpassing the required threshold of 117. The allegations against Gachagua are extensive, including charges of gross misconduct, corruption, and incitement to ethnic hatred.

Of particular note are accusations regarding the unlawful acquisition of assets valued at approximately Sh 5.7 billion, reportedly obtained through family members. These assets allegedly include several prominent establishments such as Tree Tops Hotel, Outspan Hotel, Olive Gardens Hotel, and Vipingo Beach Resort in Kilifi County. The Deputy President's legal challenge emphasizes significant concerns regarding the proposed public participation process in the impeachment proceedings. Gachagua argues that the current plan to hold forums in single locations within each county would effectively disenfranchise numerous Kenyans due to travel constraints and geographical limitations.

His petition underscores the gravity of impeachment proceedings and advocates for strict adherence to constitutional provisions and parliamentary procedures. Further allegations against Gachagua include violations of multiple national and international laws, such as the National Cohesion and Integration Act, the Anti-Corruption and Economic Crimes Act, and the Proceeds of Crime and Anti-Money Laundering Act. The motion also cites instances of misconduct involving confrontations with prominent public figures, including Lady Justice Esther Maina and National Intelligence Service Director General Noordin Haji.

"The physical public participation forums are scheduled to be held at one location per county which, on account of prohibitive travel expenses and geographical distance, will shut out a vast majority of Kenyans who are entitled to participate in this critical process being undertaken for the first time in Kenya’s history and affects the sovereign rights of the 14.1 million Kenyans who participated in the 2022 presidential election in which the Petitioner was elected Deputy President by 7,176,141 Kenyans," the petition reads in part.

Meanwhile, the Senate is anticipated to form a special committee to investigate the allegations within ten days. Gachagua would have the right to defend himself before this committee. Should the Senate uphold any charges with a two-thirds majority vote, Gachagua would immediately cease to hold office, though he could appeal the decision in court. Both majority and minority leaders emphasize the need for enhanced security for MPs supporting the impeachment motion, given its significance.