Nairobi — Impeached Deputy President Rigathi Gachagua's fate now lies in the hands of the courts following the Senate's vote to remove him from office.
His legal team, which mounted a spirited defense throughout the trial, hinted at a potential court challenge to the Senate's decision, alleging bias.
Gachagua faced 11 charges, all of which he denied when the trial began on Wednesday. Ultimately, senators upheld five of the charges against him.
"The Senate has resolved to remove from office, by impeachment, His Excellency Rigathi Gachagua, the Deputy President of the Republic of Kenya. Accordingly, His Excellency Rigathi Gachagua ceases to hold office," Speaker Amason Kingi declared after the historic vote concluded at 11:30 PM.
On the trial's final day, Thursday, Gachagua was scheduled for cross-examination but fell ill, necessitating admission to Karen Hospital in Nairobi.
His lawyers requested a postponement until October 22, 2024, but the Senate opted to proceed, prompting protests from Gachagua's legal team as they prepared to file a legal challenge.
Lead Counsel Paul Muite pointed to Senate standing orders requiring the accused to have the opportunity to be heard unless they choose not to appear.
He clarified that Gachagua had not opted to skip the proceedings but was incapacitated by illness, urging the Senate to act fairly.
Despite this plea, the Senate voted to continue with the trial, prompting Muite to announce that Gachagua's legal team would withdraw from the session in the absence of further instructions from their client.
"We have no instructions from our client, and therefore, we cannot participate in these proceedings," Muite stated before leading a walkout by the defense team.
Gachagua was admitted to Karen Hospital, where his doctor indicated he required 72 hours of further observation following severe chest pains.
From the outset, Gachagua believed the trial was predetermined and sought a lifeline from the courts to salvage his political career, leading to accusations from his opponents that he was "forum shopping" for sympathetic judges.
Before the Senate trial, Gachagua attempted to halt the impeachment proceedings through 26 court petitions, all of which were unsuccessful.
A three-judge bench, constituted by Chief Justice Martha Koome, ruled that the court lacked jurisdiction over parliamentary matters, allowing the Senate to continue its impeachment process despite the pending court cases.
However, the bench acknowledged that the case raised significant issues, which would be addressed once the legislative process concluded.
With Gachagua's political future at stake--since impeachment renders a state official ineligible for future elections--his lawyers are poised to file an appeal, promising Kenyans an extraordinary legal drama.
They are expected to rely on the court's interpretation of the impeachment's legality, contending it was marred by illegalities and unfair practices.
On the first charge of gross violation of the Constitution, where the Deputy President was accused of persistently making utterances threatening to discriminate and exclude Kenyans, the Senate upheld the charge, with 53 senators voting in support and 13 voting against.
On the second charge, accusing him of undermining the President and the Cabinet, 28 senators upheld it, while 39 voted against, acquitting him.
On the third charge, related to undermining devolution by interfering with the Nairobi City County Government, 19 senators upheld it, but 45 voted against.
On the fourth charge, accusing him of undermining judicial independence through public attacks on a judge, 51 senators found him guilty, while 16 opposed it.
On the fifth charge of breaching his Oath of Office and Allegiance, 49 senators upheld the charge, with 16 voting against.
On the sixth charge, related to inflammatory public utterances violating the National Cohesion and Integration Act, 48 senators upheld it, while 18 voted against.
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On the seventh charge, accusing Gachagua of committing gross economic crimes, including conflict of interest, abuse of office, and amassing property valued at KSh 5.2 billion, he was found not guilty, with 14 senators supporting the charge and 52 voting against.
On the eighth charge, where Gachagua was accused of misleading the public through false, malicious, divisive, and inciteful remarks, he was found not guilty, with 27 senators upholding the charge while 40 voted against it.
On the ninth charge, which accused him of operating outside his high office by publicly attacking and undermining the work of the National Intelligence Service and its officers, he was found guilty, with 46 senators voting in support and 20 voting against.
On the tenth charge, where he was accused of openly and publicly insubordinating the President, the charge was not upheld as 22 senators voted for the charge while 44 voted against.
On the final charge of gross misconduct, where he was accused of persistently bullying state and public officers, the charge was quashed as 18 senators voted to uphold it, 47 voted against, and two abstained.
