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Impeached Deputy President vows to fight back

Publish date: 21 October 2024
Issue Number: 1099
Diary: IBA Legalbrief Africa
Category: General

Kenya's Deputy President Rigathi Gachagua (59) who has been ousted from office after being impeached in an unprecedented political saga, on Sunday labelled President William Ruto as ‘vicious’ and warned that his life could be in danger. Legalbrief reports that Gachagua, a powerful businessman weathered previous corruption scandals to become Deputy President as Ruto's running mate in a closely fought election in August 2022. The Senate on Thursday voted to impeach Gachagua on five of 11 charges, after a similar motion was overwhelmingly approved by the lower house National Assembly the previous week. The vote capped a day of high drama which saw Gachagua fail to testify in his defence after being admitted to hospital. He is the first Deputy President to be sacked in this manner since impeachment was introduced in Kenya's revised 2010 Constitution. Radio France Internationale reports that his downfall is the culmination of a falling out with Ruto, who he helped win a 2022 election. Gachagua was found guilty on charges of ‘gross violation’ of the Constitution, including threatening judges and practising ethnically divisive politics, but cleared of others including corruption and money laundering. He had denied all allegations against him as ‘nonsensical’ and ‘outrageous’. The Senate's decision not to postpone its hearing after Gachagua fell ill prompted his lawyers to walk out in protest. They argued that he had a constitutional right to testify in his defence. The Senate trial went ahead after Gachagua failed in multiple court challenges to halt the process, the last one just hours before the Senate trial began on Wednesday.

Full Radio France Internationale report

The East African reports that Ruto has nominated Interior Cabinet Secretary Kithure Kindiki as Deputy President to replace Gachagua. Kindiki is now just a step away from becoming the second in command and just a heartbeat away from the presidency. An advocate of the High Court of Kenya with 21 years of experience where he has represented clients in both national and international courts, Kindiki is set to become the second time lucky to clinch the position he missed out on in 2022. But according to The Nation, Gachagua has moved to court to challenge his removal from office by Parliament. Through lawyer Paul Muite, Gachagua further sought court orders to stop Ruto from nominating his successor, pending the determination of his case. Gachagua has challenged the entire process that led to his removal, arguing that the charges levelled against are baseless and the evidence tabled before Parliament was insufficient. ‘Unfounded and false allegations have been made against me in the impeachment motion before both houses. It would be in the interest of justice that such false information be corrected in line with the provisions of article 35 of the Constitution,’ he said. Gachagua has also sought an order blocking the National Assembly from vetting and approving the nomination of the person submitted by the President to fill the vacancy in the office of the Deputy President. A three-judge Bench is due to hear the case on Tuesday.

Full report in The East African

Full report in The Nation

The embattled lawmaker said his security had been withdrawn and his entire staff sent on compulsory leave. ‘I am shocked by how vicious a man I helped to be President, believed in and was persecuted when I supported him, could be so vicious against me,’ he told reporters in Nairobi. eNCA reports that he was speaking after being discharged from a hospital where he was being treated for severe chest pains. ‘If anything happens to me or my family, President William Ruto must be held to account,’ he said, claiming past attempts at his life through poisoning. Gachagua fell ill minutes before he was due to testify in the trial. The Upper House proceeded to vote on his removal from his office after his lawyers unsuccessfully bid to postpone the session. Ruto has not yet given any public comment on the impeachment. On Sunday, he called for the defence of ‘national values and principles of governance every day’ without making direct reference to his deputy who is accused of inciting ethnic divisions. ‘Let us do our part to promote national cohesion and inclusion and to combat division, tribalism and exclusion,’ Ruto said at an event to mark Mashujaa Day, a public holiday to honour those who contributed to the country's independence struggle.

Full eNCA report

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