Editor's Review

The Senate upheld Rigathi Gachagua's impeachment on Thursday, October 17.

The Senate on Thursday, October 17, upheld the impeachment of Rigathi Gachagua as the deputy president.

This was after Gachagua was impeached by the National Assembly on Tuesday, October 8, on 11 charges, including gross violation of the Constitution. 

The Senate voted on each of the 11 charges against Gachagua, reaching the required two-thirds majority of 45 senators in 5 charges.

Here is a breakdown of how the senators voted on the 11 charges:

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.

Yes: 53

No: 13

Abstained: 0

Ground 2: Gross violation of Articles 147 (1) and 152 (1) of the Constitution.

Ayes: 28

Nays: 39

Abstained: 0

Ground 3: Gross violation of Articles 6 (2), 10 (2) (a), 174, 186 (1), 189 (1) and the fourth schedule to the Constitution (undermining devolution).

Yes: 18

No: 45

Abstained: 2

Ground 4: Gross violation of Article 160 (1) of the Constitution (undermining the institutional and decisional independence of judges).

Yes: 51

No: 16

Abstained: 0

Senate Speaker Amason Kingi.

Ground 5: Gross violation of Articles 3 (1) and 148 (5) (a) of the Constitution (breach of the oaths of office and allegiance).

Yes: 49

No: 16

Abstained: 2

Ground 6: Serious reasons to believe that Rigathi Gachagua has committed crimes under Sections 13 (1) (a) and 62 of the National Cohesion and Integration Act.

Yes: 48

No: 18

Abstained: 1

Ground 7: Rigathi Gachagua has committed crimes under Sections 45 (1), 46, 47a (3), and 48 (1) of the Anti-corruption and Economic Crimes Act and Sections 2, 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act.

Yes: 14

No: 52

Abstained: 1

Ground 8: Serious reasons to believe that Rigathi Gachagua has committed crimes under Section 132 of the Penal Code and Section 29 of the Leadership and Integrity Act.

Yes: 27

No: 40

Abstained: 0

Ground 9: Gross misconduct (public attacks on the national security intelligence service and its officers).

Yes: 46

No: 20

Abstained: 1

Ground 10: Gross misconduct (insubordination).

Yes: 22

No: 45

Abstained: 0

Ground 11: Gross misconduct (bullying).

Ayes: 18

No: 47

Abstained: 2

The Senators only needed to uphold one charge to impeach the former deputy president.

Consequently, Senate Speaker Amason Kingi gazetted Gachagua's impeachment, causing him to cease holding office.