Leadership crisis as Deputy-President faces impeachment

Kenyan President William Ruto's former right-hand man – Deputy President Rigathi Gachagua – is fighting for his political survival as relations between the two have become strained in the aftermath of widespread anti-government protests in June, writes Legalbrief. Gachagua now faces an impeachment hearing in Parliament tomorrow, which analysts predict he will lose. A report in The Star notes that Gachagua will appear in person in the National Assembly tomorrow to defend himself against 11 grounds for his proposed removal from office. Victor Swanya, one of Gachagua’s key lawyers, said DP has been allocated time to appear before the house tomorrow evening from 5pm for two hours to defend himself. Gachagua faces 11 charges, with his lawyers saying they have prepared a 'solid and concrete response'’ to discount all the accusations brought by Kibwezi West MP Mwengi Mutuse. The DP’s legal team comprising of at least 25 lawyers have been burning the midnight oil going through each of the allegations and providing responses. MPs are expected to take a vote later tomorrow after debating the grounds of impeachment.

Mwengi accuses Gachagua of gross violations of the Constitution, including promoting ethnic discrimination and undermining national unity through divisive public statements. 'His public statements promote division and undermine the core values of our Constitution, including unity and inclusiveness,' Mwengi said when he moved his notice of motion last Tuesday. Gachagua is accused of contradicting government policies and failing to uphold his duties as Deputy President, thus violating the principle of collective Cabinet responsibility. The motion further alleges that Gachagua interfered with devolved county functions, undermining devolution and threatening the judiciary, violating the principle of judicial independence. The motion also claims Gachagua engaged in corruption, money laundering, and abuse of office, and violating anti-corruption laws. Lastly, the motion cites gross misconduct, including reckless attacks on the National Intelligence Service, insubordination to the President, bullying public officers, and influencing corrupt practices, The Star report notes.

Those who back the impeachment effort also accuse Gachagua of having a role in June's anti-government demonstrations, which turned deadly. The DP has dismissed the allegations. A BBC report says this is the culmination of a major fallout between Gachagua and Ruto. Last week, the speaker of the National Assembly allowed the impeachment proceedings to begin after a motion to start things off was backed by 291 MPs, way over the threshold of the 117 MPs required. The impeachment itself is expected to sail through both Houses of Parliament easily, after the main opposition joined forces with the President's party following the recent protests. Multiple efforts to stop the impeachment attempt through the courts failed. The power struggle between the President and his deputy has led to concerns of instability at the heart of government, at a time when Kenya is in the throes of a deep economic and financial crisis. Ruto chose Gachagua as his running-mate in the 2022 election, when he defeated former Prime Minister Raila Odinga in a bitterly contested election. Gachagua comes from the vote-rich Mount Kenya region, and helped marshal support for Ruto.

But with members of Odinga's party joining the government after the youth-led protests that forced Ruto to back down from increasing taxes, the political dynamics have changed, and the Deputy President looks increasingly isolated. But, notes the BBC report, Gachagua has made it clear that he will not go down without a fight. ‘The President can ask MPs to stop. So, if it continues, he’s in it,’ he said. Ruto has in the past vowed not to subject Gachagua to ‘political persecution’, similar to what he says he experienced when he was deputy to his predecessor, Uhuru Kenyatta. But the rift between Ruto and Gachagua has been apparent in recent months. Interior Secretary Kithure Kindiki, a law professor who is trusted by the President, appears to be taking on some of the DP's responsibilities, something that also happened when Ruto and Kenyatta fell out.

On Friday, Kenya's High Court declined to stop public participation on the impeachment of Gachagua, who made a last-minute legal bid to stop the process. Justice Bahati Mwamuye directed applicants to serve respondents ahead of the mention on Wednesday, CapitalFM reports. This is after Gachagua filed an urgent application on Thursday, seeking orders to stop the exercise, citing lack of legislative procedure. In the petition, Gachagua seeks orders from the court to bar the respondents (Speaker of the National Assembly and three others) from carrying out the exercise and declare they have contravened and threaten provisions of the Constitution. He also argued that the respondents have not put in place adequate legislative procedures and fair administrative measures for effective public participation. The public participation exercise on the impeachment motion on Gachagua went ahead as planned on Friday across 290 constituencies countrywide.

Gachagua yesterday appealed to Ruto for forgiveness, saying while he was not aware of any transgressions, he would like to be given another chance to serve Kenyans. ‘I want to say to my brother President William Ruto: If in our zeal to work, I’ve wronged you, please find it in your heart to forgive me,’ Gachagua said during a prayer service held at his residence in Karen on Sunday, according to a report in The Nation. ‘If my spouse (Dorcas Rigathi), in our duties for the boy child under her programme has wronged you in a way, find it in your heart to forgive her.’ In his emotional speech that caught the attention of the congregation, the DP appealed to Members of Parliament to save his skin as the motion for his impeachment enters a crucial stage after the conclusion of public participation at the weekend. But while he seemed remorseful, Gachagua appeared ready to fight it out both in Parliament, where a majority of MPs support the ouster motion and corridors of justice, where several cases by Gachagua and his allies have been filed. ‘Kenya is a country of the rule of law. I have faith, in our guards of law, that competent men and women in our judiciary, who I believe will uphold our Constitution, protect it with your zeal and always uphold and protect the will of the Kenyan people,’ he said.