The impeachment motion against Deputy President (DP) Rigathi Gachagua is set for public participation across all 47 counties following a directive by National Assembly Speaker Moses Wetang’ula.
Addressing the House on Tuesday, October 1 after the impeachment proposal was tabled by Kibwezi West Member of Parliament (MP) Mwengi Mutuse, Speaker Wetang’ula emphasized that the motion cannot proceed without the involvement of the public.
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Wetang’ula cited Article 182 of the Constitution which mandates Parliamentary facilitation of citizen engagement in such processes.
“It would be absurd for any person to imagine that a motion such as this one may be concluded without public participation. Article 182 of the Constitution categorically enjoins Parliament to facilitate public participation and involvement in the legislative and other business of Parliament and its committees,” he said.
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“My attention has also been drawn to various court decisions related to the removal from office of State officers including county governors, I am indeed persuaded that the public participation is an integral element of the process of removal of an elected State officer from office.”
Wetang’ula further announced that the exact dates of the public participation processes would be communicated by the State starting Wednesday, October 2, via media advertisements.
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DP Gachagua Impeachment heads for public participation
It has since been announced that the process will be undertaken on Friday across the 290 constituencies coordinated from 47 specific locations in each of the counties.
According to the notice issued by National Assembly clerk Samuel Njoroge, the exercise will be conducted from 8 am to 5 pm spearheaded by officers from Parliament’s secretariat.
Attendees during the day will provide their views to the team assigned to the particular collection center which will be recorded before a report to be tabled in parliament is compiled.
The officials who will preside over the event will take the attendees through the impeachment process by reading out the charges stating the grounds for removal and the particulars before they give them time to give their opinions.
Kenyans who will not be physically present at the venues on the other hand have an option of filling special forms developed by the National Assembly.
Public participation forms
The National Assembly has since published the forms that such Kenyans shall be required to fill countrywide, which were circulated on Thursday, October 3 dailies.
These forms seen by The Kenya Times and which Kenyans can access online, download online and fill the templates are printed in both English and Kiswahili languages. They contain two sections.
Also Read: Gachagua Ally Summoned Hours to Impeachment Public Participation
Section A requires one to fill in Personal information that is Full Name, Gender, Constituency, County, and Identification number.
Under the Identification number, Kenyans are required to fill National ID Number/Passport/Kenyan Driving License.
On the other hand, Section B contains views on the proposed impeachment motion.
Kenyans are first required to state if they support the motion, if they do not support or other reasons by ticking inside a blank box appended besides each option. For the third option, they shall be required to specify their answer.
Other details
Participants after submitting their views on the proposed motion will further be required to share their views on every ground of impeachment/charge against DP Gachagua.
After voting on each charge by either ticking in a blank box besides the charges or abstaining, Kenyans are required to sign at the bottom of the form and indicate the date.
The parliament further directed that filled templates may be delivered to a venue/collection center indicated in the schedule of Public Hearings on 4th October 2024.
They may also be forwarded to the Clerk of the National Assembly, P.O. Box 41842-00100, Nairobi; hand-delivered to the Office of the Clerk, Main Parliament Buildings, Nairobi, or emailed to [email protected].
The submissions are to be received on or before Saturday, 5th October 2024 at 5.00 p.m.
Kenyans countrywide have since started filling in the public participation forms, with former Law Society of Kenya (LSK) President Nelson Havi being among them.
Havi in a statement on Thursday said that he has already filled and signed it.
Grounds of Impeachment
Among the ten grounds for impeachment is that DP Gachagua has inexplicably amassed a humongous property portfolio estimated at Ksh5.2 billion for the past 2 years.
Also, the impeachment grounds include Gross violation of the Constitution or any other law pursuant to article 150 (1) (b) (1) of the constitution and Gross Misconduct (bullying).
Another charge is “serious reasons to believe that Gachagua has committed crimes under sections 45 (1), 46, 47 (a) (3), and 48 (1) of the Anti-Corruption and Economic Crimes Act and sections 2, 3, 4, and 7 of Proceeds of Crime and Anti-Money Laundering Act.
“Serious reasons to believe that the DP has committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act” is also a ground of impeachment against him.
Other charges against the second in command are undermining the President and the Cabinet, interfering with leadership of Nairobi County government, attack against Lady Justice Esther Maina of the High Court, violating the Oath of office, and misleading the public.
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