Chief Justice Martha Koome has constituted a three-judge bench to determine Deputy President Rigathi Gachagua’s impeachment case.
The bench consists of Justices Anthony Mrima, Eric Ogola, and Freda Mugambi. DP Gachagua’s impeachment motion was floated in Parliament on October 1.
The mover of the motion Kibwezi West MP Mwengi Mutuse presented 11 grounds of impeachment. Upon prosecution of his case; 281 MPs voted in support of the motion, 44 voted against whereas one abstained.
Gachagua moves to court
The second in command moved to High Court seeking the impeachment of the motion against him o grounds that the motion was founded on deceit and misrepresentation of material facts.
On September 30, a petition to stop Gachagua’s impeachment failed after a 3-judge bench of the Constitutional Division of the High Court declined to issue interim orders.
The bench asked DP Gachagua to appear before it on October 10.
Gachagua’s 11 grounds of impeachment
The particulars of the grounds of impeachment are that Gachagua engaged himself in acts of omission and commission that constitute offences under the constitution, international law and statutes.
On the first ground, Gachagua was accused of grossly violating Articles 10, 27, 73, 75, and 129 of the Constitution of Kenya.
On ground two, Gachagua allegedly violated Article 147(1) and 142(1) of the Constitution of Kenya. On ground three, MP Mutuse said that Gachagua had violated Articles 6(2), 10(2)(a), 174, 186(1), 189(1) as well as the fourth schedule of the Constitution of Kenya.
On ground four, it is claimed that Gachagua violated Article 161 of the Constitution of Kenya. Under ground 5, Gachagua allegedly grossly violated Article 3(1) as read together with Article 148(5)(a) of the Constitution.
On ground six, he was accused of committing crimes under Section 13(1)(a) and 62 of the National Cohesion and Integration Act.
On ground seven, Gachagua was accused of committing several crimes against the Anti-Corruption and Economic Crimes Act by using his office to unjustly enrich himself, and acquiring property well beyond KSh5.2 billion in a span of just two years.
Under ground eight (8), DP Gachagua has allegedly committed crimes against Section 132 of the Penal Code, and Section 29 of the Leadership and Integrity Act, by continuously misleading members of the public through false, malicious, divisive and inciteful remarks.
Under ground 9, MP Mutuse accused DP Gachagua of gross misconduct that is incompatible with the high calling and dignified status of the office of the deputy president. Being a member of Cabinet and National Security Council, Gachagua is accused of publicly undermining this institutions.
Under ground 10, he is accused of committing the offence of gross misconduct in the manner of insubordination of the presidency and the Kenyan state.
On the last ground, the motion accuses the second in command of committing crimes of gross misconduct by bullying and threatening public officials.
