What Next in Senate after MPs Pass Impeachment Motion against Gachagua?

After the National Assembly passed a motion on October 8, 2024, to impeach Deputy President Rigathi Gachagua, his fate now lies in the Senate.

282 Members of Parliament voted in favour of the ouster motion, 44 against it, and one legislator abstained.

After the impeachment motion passed, the National Assembly Speaker Moses Wetangula was to notify the Speaker of the Senate Amason Kingi of the decision of the House within two days in accordance with the Constitution.

Following receipt of the resolution notice from the National Assembly, Speaker Kingi is required to convene a senate meeting within seven days to consider the charges against the deputy president.

In a quick turn of events, Senate Speaker Kingi in a gazette notice set aside 9.30 am October 9, 2024, as the sitting convened to hear the charges in the proposed removal of the Deputy President by impeachment.

The Process of Deputy President Impeachment in Senate 

The Senate may establish a special committee of 11 members to investigate the allegations within this seven-day time frame and report its findings to the Senate within 10 days.

Furthermore, the report should indicate whether it finds the particulars of the allegations against the deputy president to have been substantiated.

However, the Senate on Wednesday, October 9, 2024, decided that Gachagua’s hearing would be before plenary and not a committee. 

“The motion having been deemed to be withdrawn pursuant to standing order 71, the proposal for a special committee is defeated. The Senate will therefore proceed with investigation into the proposed removal from office of Deputy President Rigathi Gachagua by impeachment in plenary,” Kingi explained. 

The Deputy President shall have the right to appear and be represented before the plenary during its investigations.

Speaker Kingi directed the Senate clerk to send invitations to involved parties with the plenary hearing to be held on October 16 and October 17, 2024. 

“The clerk today to send invitations to appear to the deputy president and the National Assembly. Parties are to file responses with the clerk of the Senate by Monday, October 14, 2024, by 5 pm and the clerk is to circulate documents received from parties including the plenary hearing programme to all senators upon receipt on Monday Senate shall then investigate the matter in plenary on Wednesday, October 16 and Thursday, October 17, 2024,” Kingi stated. 

Also Read: Babu Owino Breaks Silence After Missing Gachagua Impeachment Vote

What Is the Threshold Required to Pass Gachagua Impeachment Motion in Senate

At least two-thirds of the 67 Senate members are needed to pass the impeachment motion against Gachagua.

The number includes 47 elected and 20 nominated senators. 

Nonetheless, a minimum of 45 senators are required to support the impeachment motion to remove the deputy president from office.

Consequently, if the right number of senators vote to impeach the deputy president, he shall no longer hold office.

Also Read: NCIC Proposes National Repentance & Redemption Day Amid Gachagua’s Impeachment

This happens as Kenyans look forward to knowing whether Gachagua will leave office or not. 

The deputy president had moved to block the impeachment process in parliament, but the courts declined his petition. 

He appeared before parliament on October 8, 2024, for a hearing on the allegations of misconduct brought against him.

Gachagua is accused of gross misconduct and undermining the presidency, allegations he has opposed since the impeachment process began. 

Kibwezi West Member of Parliament Mwengi Mutuse is the legislator behind the impeachment motion that was tabled in Parliament on October 1, 2024. 

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