Deputy President Rigathi Gachagua faces impeachment due to multiple allegations, including corruption, money laundering, and gross misconduct.
According to a notice of special motion by Kibwezi West MP Mutuse Eckomas Mwengi, the DP is accused of unlawfully acquiring assets which is inconsistent with his salary, and violating several laws, including the Proceeds of Crime and Anti-Money Laundering Act.
Additionally, Gachagua's public statements have been deemed inciteful, potentially stirring ethnic tensions according to the motion filed on Tuesday, October 1 in the National Assembly.
The following are all eleven allegations leveled against the embattled deputy president;
Ground 1. Gross violation of Articles 10 (2) (a), (b) and (c); 27 (4), 73 (1) (a) and (2)(b); 75 (1)(c), and 129 (2) of the Constitution and Articles 147 (1), as read with Article 131 (2) (c) and (d) of the Constitution
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Under this ground, Gachagua is accused of excluding and unlawfully denying sections of the people of Kenya equal opportunities for public service appointments and allocation of public resources.
The motion says that at a public forum in Kajiado County, he said that the allocation of government development projects and public sector jobs is determined by the populace of ethnic communities voted in the 2022 general election.
The motion states that Gachagua’s utterances, throughout the past two years have the potential to alienate, isolate, and create disharmony among the various ethnic communities of Kenya.
Ground 2. Gross Violation of Articles 147 (1) and 152 (1) of the Constitution
According to the motion, on various dates, Gachagua is accused of undermining the President and the Cabinet by making unilateral public statements that were inconsistent with policy positions adopted by the Government.
For instance, Gachagua allegedly opposed the Nairobi River Repairian Evacuation Orders shortly after the Cabinet passed a resolution for the evacuation of people residing along the river.
Additionally, Gachagua is accused of making public statements contradicting President William Ruto on matters of governance.
"In March 2023 at a public forum in the Nyanza Region, the president said Kenya belongs to all notwithstanding how people voted in the 2022 General Election.
"However speaking after the President at another public forum, Gachagua contradicted him by saying that Kenya is like a company where the provision of government services is based on shares," the motion stated.
Ground 3. Gross Violation of Articles 6 (2), 10 (2) (a), 174, 186 (1), 189 (1) and the Fourth Schedule to the Constitution
Under this ground, Gachagua is accused of unlawfully interfering with the running of Nairobi City County by holding a public rally in which he incited citizens.
The DP is also accused of disparaging the leadership of the Nairobi City County government and its decisions.
"Annexed to this Motion is a video clip evidencing His Excellency Rigathi Gachagua’s inciteful public utterances at Wakulima Market.
"Also annexed hereto is a Press Statement issued by the Governor of the Nairobi City County in response to His Excellency Rigathi Gachagua’s inflammatory and inciteful utterances," the motion states.
Ground 4: Gross Violation of 160 (1) of the Constitution
Here, Gachagua is accused of making a public attack against Lady Justice Esther Maina of the High Court of Kenya.
He is accused of threatening to bring action against the said judge which is in gross violation of Article 160 (5) of the constitution, per the motion.
"The Honorable Judge had determined a case in which Gachagua was a party and had, in the lawful performance of her judicial function, ordered the forfeiture to the State Ksh200 million proceeds of corruption," the motion read.
Ground 5. Gross Violation of Articles 3 (1) and 148 (5) (a) of the Constitution
Under this ground, the mover of the motion argues that Gachagua's utterances in Grounds 1, 2, and 3 constitute a gross violation of Article 3 (1) of the constitution.
"Further, the action and utterances of Gachagua grossly violate Article 148 (5) (a) of the constitution which prescribes the Oath of Allegiance of the Office of the Deputy President that obligates the Deputy President to preserve protect, and defend the constitution and all other laws," the motion read.
Ground 6; Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under sections 13 (1) (a) and 62 of the National Cohesion and Integration Act
The motion states that Gachagua violated Section 13 of the National Cohesion and Integrity Act which bars any person from using threatening, abusive, or insulting words.
The DP is accused of persistently using inflammatory reckless and inciteful public utterances which shows that he has committed crimes under section 13 (1) and 62 of the National Cohesion and Integration Act.
Ground 7: Serious reasons to believe that His Excellency Rigathi 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
Under this ground, Gachagua is accused of inexplicably amassing a massive property portfolio, worth Ksh5.2 billion, from suspected proceeds of corruption and money laundering.
"The value of the property and wealth that Gachagua acquired over the last two years is incompatible with his known legitimate income," the motion read.
Gachagua is accused of acquiring his properties through his spouse Dorcas Rigathi, sons Kevin and Keith Ikinu and other family members.
The motion goes ahead to list 22 companies, established between 2001 and 2024, allegedly used by Gachagua to conceal proceeds of crime, corruption, and benefit from influence peddling.
Ground 8. Serious reasons to believe that His Excellency Rigathi Gachagua has committed crimes under section 132 of the Penal Code and section 29 of the Leadership and Integrity Act
Under this ground, Gachagua is accused of continuously misleading members of the public through false, malicious, divisive, and inciteful remarks.
The motion states that these accusations are contrary to the provisions of section 132 of the Penal Code and section 29 of the Leadership And Integrity Act.
"Gachagua addressed Kenyans on live television in Mombasa County and publicly made sensational statements against the National Intelligence Service, its Director General, and officers," the motion read.
Ground 9. Gross misconduct (insubordination)
Gachagua is accused of persistently undermining and committing insubordination instead of assisting the President in executing state mandates.
According to the motion, he is accused of running a smear campaign against the President for political expediency.
"Gachagua is openly sabotaging the States efforts in agriculture including the coffee, tea, sugar, and milk sectors which he was guided to manage.
"Gachagua has connived with cartels in the tea sector to block the Kenya Tea Development Authority from implementing guaranteed minimum returns that would benefit small holder tea farmers," the motion stated.
Ground 10. Gross misconduct (bullying)
Gachagua is accused of violating section 34 of the Leadership and Integrity Act which bars a state officer from bullying any person.
The DP has been put on the spot for his persistent habit of coercing and bullying state and public officers in the security services.
Gachagua is accused of summoning staff working in ministries and state institutions, and instructing them to direct the procurement of goods and services in a specific manner.
"...he bullied Kenya Medical Supplies Agency officials to award a tender for the supply of mosquito nets to Crystal Limited, his proxy company. At Kenya Revenue Authority he has significantly bullied many innocent employees," the motion read.
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