Deputy President (DP) Rigathi Gachagua is under siege, and a looming impeachment is imminent.

The second in command has been fiercely criticised by key allies of President William Ruto, who accuse him of insubordination. This has led to the ongoing debate on impeachment plans.

Gachagua’s troubles are also attributed to a political pact with opposition leader Raila Odinga. The DP alleges that the new alliance is aimed at pushing him out of government.

Tana River Senator Danson Mungatana has already filed a censure motion in the Senate to discuss  Gachagua’s character. The Senator states that the DP has breached the law provisions on how he should conduct himself in office and administer his role, accusing him of disregarding his oath of office.

As of September 26, an impeachment motion against the DP was expected to be tabled in Parliament, with reports suggesting it was ready and had attained the necessary support from Members of Parliament (MPs).

President William Ruto’s camp had been on an overdrive, collecting signatures and building a strong case to ensure the DP’s ouster.

 Gachagua, on the other hand, is banking on the support of his allies from the Mt Kenya region and a few others who may sympathise with him. Recently, the DP met 50 MPs from across the political divide who promised to shield him from impeachment.

Fortunately, the DP seems to have found favour in Kalonzo Musyoka’s Wiper Party, which has vowed to oppose his impeachment.

In Parliament, the United Democratic Alliance (UDA) has 138 MPs, ODM has 82 legislatures, and the Wiper Party has 25 MPs.

 Gachagua has been under attack since June following Gen Z protests. He was accused of sabotaging government efforts to pass the Finance Bill, 2024, which President Ruto later withdrew following nationwide demonstrations spearheaded by the youth.

The accusations arose after the DP held a separate press conference in Mombasa, soon after President Ruto held one at State House in Nairobi.  Gachagua explained that, from his conversations with Kenyans, he realised that they didn’t want the Bill and threw the National Intelligence Service (NIS) boss Noordin Haji under the bus.  

What followed was three of his top aides being grilled by the Directorate of Criminal Investigation (DCI) in connection with the youth-led anti-Finance Bill, 2024, a countrywide protest on claims of financing the demonstrations. The DP has also been accused of fanning tribalism through his call for unity in the Mt Kenya region.

 Gachagua has been defending himself against the accusation insisting that his unity calls for the region are not aimed at antagonising any community. “I am on record as a great peacemaker. The unity we are calling for is not against anybody; it is the unity of purpose. The unity we are calling for is the unity of Kenya, and we are doing it bottom up,” he said.

National Assembly majority leader Kimani Ichung’wah has publicly criticised Gachagua over his unity bid on several occasions, asking him to stop preaching regional politics. Ichungw’ah insists that the DP is a leader holding a national office and should seek to unite all Kenyans instead of only his community.

On September 20, during an interview on Citizen TV,  Gachagua fired a warning shot at his boss, President Ruto, urging him to avoid reviving the politics of betrayal that have historically sparked anger in the country.

The DP said President Ruto had received huge support from the Mt Kenya region in the run-up to the 2022 general elections when the Uhuru Kenyatta-led regime ostracised him, and he should desist from inviting the misfortune to his government.

During the interview,  Gachagua stated that he would keep Kenyans informed about happenings in inner circles within the government. “Going forward, in the next few weeks, I will be talking to my supporters, telling them what is going on, what is being planned, and what is likely to happen so that they are aware.”  

The DP added, “I was elected by the people. You have the responsibility to always inform your employer what is going on so that they become aware. They should not be left to wonder what is going on.”

What the constitution says about impeaching a deputy president

According to the Constitution of Kenya, Article 150 outlines the two grounds on which a DP can be removed from office.

One is on the grounds of physical or mental incapacity to perform the office’s functions. The other is if he’s found guilty of gross violation of the law or gross misconduct or if there are compelling reasons to believe the officeholder has committed a crime under national or international law.  

In this case, an MP supported by at least a third of all legislatures may move a motion for Gachagua’s impeachment. If at least two-thirds of the MPs support the motion, the National Assembly speaker shall inform the Senate speaker of that resolution within two days.

However, the DP shall continue to perform the functions of the Office of the Deputy President pending the outcome of the impeachment proceedings. Within seven days after receiving notice of a resolution from the Speaker of the National Assembly, the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the DP.

By resolution, the Senate may decide to appoint a special committee to investigate the allegations and report its findings to the Senate within 10 days. The DP shall have the right to appear and be represented before the special committee during its investigations.

If the special committee reports that the particulars of any allegation against the DP have not been substantiated, further proceedings shall not be taken. But if otherwise, the Senate shall, after giving the DP an opportunity to be heard, vote on the impeachment charges and vote on each impeachment charge of the motion.

During the vote, if at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the DP shall cease to hold office.  If otherwise, the DP shall continue to hold office. 

Way out for  Gachagua?

For now, the DP has three options: resign, strike a deal with President Ruto to quash the looming impeachment motion, or rally enough support from the legislatures in the National Assembly and the Senate.