WHAT NEXT FOR DP RIGATHI GACHAGUA?

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The impeachment of a deputy president is a complex political process that can significantly impact a nation’s governance and political landscape. In light of the potential impeachment of Deputy President Rigathi Gachagua, it is important to understand the procedural steps involved, as enshrined in Article 150 of The Constitution of Kenya.

The process begins with the identification of grounds for impeachment. These grounds include gross violation of the Constitution or any other law, abuse of office, and misconduct. Impeachment proceedings are initiated by members of the National Assembly. A formal motion must be submitted, and must be supported by a third of the total membership of the House. The motion should detail the charges against the deputy president.

Once the motion is filed, it is debated in the National Assembly. Members will discuss the merits of the case, and a vote is taken. For the case of DP Rigathi Gachagua, the debate is set to take place on October 8, 2024 whereby the speaker of the National Assembly, Moses Wetangula says he will be given two hours to respond to the charges levelled against him. If the motion receives a two-thirds majority vote, it is passed to the Senate.

The Senate acts as the jury in the impeachment process. A special committee may be formed to investigate the allegations, gather evidence, and hear testimonies. The special committee reports to the Senate within ten days whether it finds the particulars of the allegations against the DP have been substantiated. Following this, the full Senate conducts a trial. The deputy president has the right to defend himself during this process.

After the trial, the Senate votes on whether to uphold the impeachment. A two-thirds majority is required for the deputy president to be removed from office. If the two-thirds vote to uphold the impeachment, the deputy president is immediately stripped of his duties.

After impeachment of a Deputy President, the President nominates a new Deputy President. The nominee must be approved by a majority vote in the National Assembly within 14 days. The approved nominee is sworn into office as Deputy President.

The looming impeachment of Deputy President Rigathi Gachagua is not just a procedural issue; it embodies larger political dynamics and has the potential to reshape Kenya’s political landscape. As the process unfolds, it will be crucial to monitor both the legal proceedings and the public discourse surrounding this pivotal event in Kenya’s political history. The outcome will not only determine Gachagua’s political fate but also the future trajectory of the current administration.

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