By Brian Okoth
Kenya's National Assembly has officially started the process of impeaching Deputy President Rigathi Gachagua.
Mwengi Mutuse, a member of parliament from Eastern Kenya, tabled the impeachment motion on Tuesday, October 1.
In the motion, Mutuse listed 11 grounds against Gachagua, including allegations of illegal acquisition of wealth valued at 5.2 billion Kenyan shillings – or $40.3 million – over the last two years.
Mutuse says over that period, the deputy president received a salary of 24 million shillings, or $186,000.
'Ethnic politics'
Mutuse added that in the run-up to August 9, 2022 presidential election, Gachagua declared his net worth as 800 million shillings, or $6.8 million.
Deputy President Gachagua is also accused of undermining the government, and also engaging in ethnic politics.
He has been vocal about the interests of the vote-rich Central Kenya community, where he hails from.
Fifty-nine-year-old Gachagua also faces the accusation of violating Kenya's Constitution through his actions.
Public participation
National Assembly Speaker Moses Wetangula approved the motion, saying it had met the constitutional threshold to be tabled in the house.
At least one-third – an equivalent of 117 out of Kenya's 349 MPs – needed to sign on the proposed motion. Wetangula said 291 lawmakers signed on it.
The speaker added that public participation on the proposed impeachment will be done in all of Kenya's 47 counties on Friday, October 4.
On Tuesday, October 8, the National Assembly will give Gachagua two hours to defend himself. The lawmakers would thereafter vote.
High Court route, a possible option
If more than two-thirds – or 233 MPs – vote to impeach the deputy president, the Speaker of the National Assembly shall inform the Speaker of the Senate.
The 67-member Senate will also hear the charges, and if more than two-thirds – or 45 members – vote to impeach Gachagua, the deputy president will cease to hold office.
If that happens, would it be the end of Gachagua's deputy presidency?
Kenyan constitutional lawyer Charles Kanjama says the deputy president can lodge a petition at the High Court "on constitutional grounds."
'Petition can go all the way up to the Supreme Court'
Another senior lawyer, who spoke to TRT Afrika on condition of anonymity, said Gachagua can petition on grounds that "the law was not followed" during his impeachment.
The lawyer added that if impeached, Gachagua might sue under articles 47 and 48 of the Kenyan constitution, which stipulate fair administrative action, and access to justice.
The lawyer said: "The petition can be filed at High Court level, and it can go all the way up to the Supreme Court, in case of appeals."
But would the petitioner remain in office during court action?
Conservatory orders
The lawyer said that would depend on whether he seeks conservatory orders to allow him remain in office during court process. Exhausting all the levels of appeal might take about one year.
Some lawyers expressed reservations on whether the High Court has the powers to hear a matter involving the impeachment of a president or deputy president.
The Kenyan law however gives exclusive powers to the Supreme Court to hear petitions related to presidential elections.
Other matters touching on the constitutionality of processes such as impeachment, many lawyers say lower courts have powers to resolve them.
Ineligible for elective office
For now, all eyes will be on Chief Justice Martha Koome for interpretation of the law should the impeachment process end in court.
If impeached, Gachagua will not be eligible to hold any elective or appointive state position.
President Ruto and Deputy President Gachagua were jointly elected in Kenya's August 9, 2022 elections.
At the time, Ruto had served as Kenya's deputy president for the maximum two five-year terms under President Uhuru Kenyatta.
Vote-rich regions
Gachagua, on the other hand, had been a Member of Parliament for Central Kenya's constituency of Mathira for one term.
Ruto's home county is in Kenya's Rift Valley, which has high vote numbers.
Gachagua's Central Kenya backyard – which is also known as Mt. Kenya region – is equally vote-rich.
Out of Ruto's nearly 7.2 million votes, more than 4.5 million – or over 60% – came from Rift Valley and Mt. Kenya regions.
Main rival
Ruto defeated his main rival Raila Odinga, who served as Kenya's prime minister from 2008 to 2013.
Odinga, a veteran politician, got 6.9 million votes in the last election to come second.
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