The National Assembly Speaker Moses Wetangula has outlined the next steps after the majority of the Members of Parliament (MPs) voted in favour of the impeachment motion tabled against Deputy President (DP) Rigathi Gachagua.
Gachagua was impeached in a sitting on Tuesday, October 8, 281 MPs supported the ouster motion sponsored by Kibwezi West MP Mwengi Mutuse
Only 44 lawmakers opposed the motion while one legislator abstained.
“The results of the division on the motion are as follows abstentions 1, the neys 44 and ayes 281 so the ayes have it.
The results brought to the speaker are duly signed by the four nominated tellers,” Wetangula announced.
While communicating to the House after the results of the votes were announced, Wetangula said the impeachment motion had garnered the support of at least two-thirds of the House and therefore DP Gachagua stood impeached.
The National Assembly comprises 349 Members, including 290 elected from constituencies, 47 women elected from counties, and 12 nominated representatives. Consequently, a two-thirds majority equates to 233 votes.
“On the decision of the National Assembly on the Special Motion on the proposed removal from office by impeachment of Rigathi Gachagua, the deputy president of the republic of Kenya. Article 145 (2) of the Constitution sets a threshold of at least two-thirds of the members of the National Assembly to vote in support of a special motion for proposed removal by impeachment of the deputy president for the motion to be carried. According to the results of the division of the motion that I have just declared, a total of 281 MPs being more than two-thirds of the members have voted in support of the motion,” he said.
Next Step
Wetangula said he will notify the Speaker of the Senate of the decision of the House within two days, as stipulated in Article 145 (2)(a) of the Constitution.
Additionally, the Speaker directed the clerks of the National Assembly to draft the necessary documents that will be forwarded to the Senate alongside the resolution of the House.
“Article 145 (2 (a) of the Constitution provides that ‘If a motion under clause one is supported by at least two-thirds of the MPs the speaker shall inform the speaker of the senate of the resolution within two days,” he said.
Also Read: Impeaching Gachagua: Constitutional Process of Removing Deputy President from Office
“In this regard, I will proceed to discharge the singular duty placed on me by article 145(2)(b) of the Constitution under which to notify the speaker of the senate of the resolution of the National Assembly. The clerk is directed to prepare the necessary documentation to accompany the resolution.”
He announced that the House will regular business on October 9, at 9:30am as scheduled by the House business committee.
Article 145 (2)(b) further clarifies that the Deputy President will continue to perform his duties pending the outcome of the proceedings.
Also Read: Rigathi Gachagua Impeached by Landslide
Rigathi Gachagua Impeachment Motion Process at the Senate
Following receipt of the resolution notice from the National Assembly, Senate Speaker Amason Kingi is required to convene a Senate meeting within seven days to consider the charges against the DP.
As outlined in Article 145 (3)(b), the Senate may establish a Special Committee of 11 Members to investigate the allegations within this seven-day timeframe.
Articles 145 (4)(a) and (b) mandate that this Committee report its findings to the Senate within 10 days.
If at least two-thirds of the Senate Members—comprising 67 total, including 47 elected and 20 nominated—vote to uphold any impeachment charges, the Deputy President shall cease to hold office, as specified in Article 145 (7).
This means that a minimum of 45 senators must support the Motion to remove the Deputy President from office.
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