The High Court on Monday, September 30 dealt Deputy President Rigathi Gachagua a blow after it declined to apply breaks on his possible impeachment.
Justice Bahati Mwamuye dismissed a petition filed by former Senator Cleophas Malala that sought to bar the National Assembly and Senate from processing (tabling, debating, considering or acting upon) an impeachment motion against DP Gachagua.
In his petition, Malala had argued that the bicameral Parliament is short of the two-thirds gender rule and therefore has breached the Constitutional provisions.
Nonetheless, Justice Mwamuye directed the National Assembly and Parliament to serve their rejoinders by Thursday, October 3, 2024, while Malala can serve his rejoinder by the end of Friday, October 4.
The matter shall be mentioned on October 7.
There are speculations that the motion of impeachment against DP Gachagua will be tabled on Tuesday, October 1.
Impeachment Process
The process of impeaching the DP begins at the National Assembly where an MP introduces a motion that should have support of at least a third of the members of the House, in this case, the support of 117 MPs.
The MP is then required to state the reason on why the DP should be impeached.
For the motion to pass at the National Assembly, the impeachment motion must be supported by 2/3rd of the House, that is 233 MPs.
After the passage in the National Assembly, the motion makes its way to the Senate to be considered as appropriate, including hearing by the Senate Plenary or Special Committee.
For the impeachment to pass in the senate, 2/3rd of the Senators should be in support.
Reports indicate that by close of business Sunday, September 29, 302 MPs had appended their signatures.
Among the grounds of impeaching DP Gachagua include; violating Article 10 of the Constitution which touch on National Values and Principles of Governance, violating articles 147, 148,174,186 and 189 which speak to his conduct and responsibility as the principal assistant to the President.
Allegations of corruptly and unlawfully acquiring assets using taxpayers’ money have also been flaunted.
