Explained: How to impeach a Deputy President

Rigathi Gachagua sworn in as the Deputy President of Kenya on September 13, 2022. [Kelly Ayodi, Standard]

As talk of an impeachment plan intensifies, Deputy President Rigathi Gachagua hopes his boss, President William Ruto will step in to shield him from the political storm.

Gachagua faces accusations of undermining Ruto's leadership and causing divisions within the Kenya Kwanza administration. Deputy Speaker Gladys Shollei is leading calls for his removal.

The situation mirrors Ruto's experience as Deputy President under Uhuru Kenyatta when he faced similar threats but survived due to political complexities.

Ironically, Ruto had reassured Gachagua that he wouldn't endure the same political turmoil. Yet, two years into their administration, Gachagua faces the same threat of impeachment.

What the Law Says

Impeachment follows a set process outlined in the Constitution, requiring substantial evidence of misconduct or legal violations.

Lawyer Nzau Musau explains that Article 150(1)(b) governs the Deputy President's impeachment, which can be based on three grounds:

1. Gross violation of the Constitution or any law
2. Committing a crime under national or international law
3. Gross misconduct

"Under these broad categories, the political nature of impeachment proceedings allows for a wide interpretation," Nzau notes.

The process closely mirrors that of impeaching a president under Article 145.

It begins with a National Assembly member moving a motion, which must be supported by at least two-thirds of its members.

If approved, the Senate then has seven days to appoint a committee to investigate the matter and report within 10 days.

If the committee finds no grounds for impeachment, the process ends. However, if it supports the charges, the full Senate votes on impeachment after giving the Deputy President a chance to be heard.

For the impeachment to succeed, at least two-thirds of Senate members must vote in favor. If passed, the Deputy President is immediately removed from office.

Former National Assembly Majority Leader Aden Duale weighing in on the matter noted that it is only a Member of the Assembly who can initiate the process.

In a post on X, Duale stated: "A motion for impeachment of the Deputy president can only originate in the National Assembly pursuant to Article 150 of the Constitution. The motion must be supported by one third which 117 Members and then supported by 233 Members of the National Assembly for it to pass."

"After passage in the National Assembly, it then makes its way to the Senate to be considered as appropriate including hearing by the Senate or special Committee and thereafter the Senate will vote on the charges if supported by two thirds of all the members of the Senate, the person shall stand impeached."

The DP's Legal Rights

If impeached, Gachagua would face a difficult legal battle to challenge the decision.

Lawyer Nzau explains, "Unless there are serious procedural issues-such as not meeting the voting threshold, denying Gachagua a chance to defend himself, or failing in public participation-it would be an uphill battle."

Impeachment is largely a political, not legal process, Nzau adds.

"It's nearly impossible for a Deputy President who has lost the confidence of Parliament to continue in office. Challenging impeachment in court would be, essentially, grasping at straws."

Implications of Removal

The lawyer further warns that impeachment leaves a lasting stain on a politician's career. "It's a permanent mark of dishonor, especially with both houses of Parliament involved. A successfully impeached Deputy President cannot hold any state or public office in the future."

If Gachagua is impeached, the President has 14 days to nominate a replacement under Article 149.

The National Assembly has 60 days to approve the nominee.

The Senate has no role in this appointment.