Deputy President Rigathi Gachagua is set to face a critical moment on Tuesday afternoon as an impeachment motion is brought before Parliament. According to a document obtained by Citizen Digital, Kibwezi West MP Eckomas Mwengi has drafted 10 charges aimed at removing the Deputy President from office, highlighting growing tensions within the Kenya Kwanza administration just two years into its tenure.
Charge 1: Making inciteful remarks
The lawmaker has accused Deputy President Gachagua of making divisive statements that fuel ethnic tensions among Kenyans.
“Besides, the utterances are highly inflammatory and inciteful and significantly undermine national unity and the peaceful co-existence of Kenya’s diverse communities,” the motion reads in part.
He made references to the controversial remarks the DP made in Kajiado in 2023, that the “the government of Kenya is a company and there are shareholders.”
Charge 2: Undermining the president and the cabinet
The motion further alleges that Deputy President Gachagua has undermined his boss by making statements that contradict official government policies. The lawmaker cited Gachagua’s opposition to the Nairobi River Riparian Evacuation orders, which had been approved by the Cabinet.
“His Excellency Rigathi Gachagua made contradictory public statements despite being a Member of the Cabinet and being assigned the function of superintending the Nairobi River Riparian Evacuation Order,” the MP said.
Charge 3: Interfering with leadership of Nairobi County government
The legislator also accused Deputy President Gachagua of interfering in Nairobi County affairs by allegedly inciting citizens to oppose the planned relocation of Wakulima traders to Kangundo market.
“His Excellency Rigathi Gachagua’s inciteful and demeaning public statements and conduct undermine devolution, they undercut the functional and institutional integrity of county governments and unjustifiably vilify and ridicule the leadership of the Nairobi City County Government,” the motion reads in part.
Charge 4: Attack against Lady Justice Esther Maina of the High Court
The lawmaker further accused Deputy President Gachagua of launching scathing attacks against a High Court judge following her ruling in a case involving the DP. In the case, Justice Esther Maina ordered the forfeiture of Ksh. 200 million to the State.
“His Excellency Rigathi Gachagua’s public attacks against the Judge are impeachable offences to the extent that they undermine the functional and decisional independence of judges,” the motion read in part.
Charge 5: Violating the Oath of office
The fifth charge accuses Deputy President Gachagua of violating the oath of office, which obligates him to obey, preserve, protect, and defend the Constitution. MP Mwengi argues that this contravenes Article 148 of the Constitution, which mandates that the Deputy President must carry out his duties in accordance with constitutional provisions.
Charge 6: Violating the National Cohesion and Integration Act
The motion also cites Section 62 of the National Cohesion and Integration Act, which states that inciting ethnic hostility constitutes an offense. It accuses Deputy President Gachagua of making inflammatory public statements since assuming office, further fueling ethnic tensions.
Charge 7: Amassing properties worth Ksh.5.2 billion illegally
Deputy President Gachagua is accused of illegally amassing wealth by using his spouse, two sons, and other close family members as proxies. The MP alleges that Gachagua employs 22 companies to launder money and hide the proceeds of criminal activities.
“The value of the property and wealth that his Excellency Rigathi Gachagua has acquired over the last two years is incompatible with his known legitimate income (Ksh.12 million per annum or thereabouts),” the motion reads in part.
Charge 8: Misleading the public
In the motion, the MP claims that Gachagua has repeatedly misled the public with his divisive remarks. He specifically referenced Gachagua’s comments regarding Lady Justice Esther Maina, alleging that she had engaged in corruption.
“He publicly said he would present a petition for the removal of the said judge (which he has not done to date), leading to the inevitable conclusion that he knew his allegations were false.”
Charge 9: Gross Misconduct
The MP referenced a press briefing held on June 26, 2024, in Mombasa County, where Deputy President Gachagua accused the National Intelligence Service Director General of failing to gauge public sentiment, which he claimed contributed to the nationwide anti-government protests. According to the lawmaker, these remarks diminished public confidence in the government’s ability to fulfill its responsibilities.
Additionally, Gachagua has been accused of colluding with cartels in the agricultural sector to prevent farmers from receiving substantial returns on their produce.
“His Excellency Rigathi Gachagua has influenced his family members, allies, associates, and proxies to take control of a local cooperative society (name withheld) in Mathira, which they are financially hemorrhaging.”
Charge 10: Bullying
The final ground for impeachment revolves around allegations of bullying, with the MP claiming that the Deputy President consistently humiliates state and public officers who he perceives as obstacles.
The lawmaker also alleges that Gachagua instructed officials from the Kenya Medical Supplies Agency to award a tender for supplying mosquito nets to Crystal Limited. Additionally, he accused Gachagua of intimidating public officers and contractors to divert materials intended for the construction of the Kilifi-Malindi Road to instead tarmac a private road leading to Vipingo Beach Resort, which the MP claims is associated with the Deputy President.
“The conduct of His Excellency Rigathi Gachagua, as depicted in this Motion is a ticking time bomb to the extent that it has the potential to plunge the country into ethnic hatred and strife.”