Corruption, bullying, undermining Ruto; 10 reasons why MPs want DP Gachagua gone

In a document seen by Citizen Digital, Kibwezi West MP Eckomas Mwengi has prepared 10 charges to kick the DP out of the office,  bringing to a forefront the implosion of the Kenya Kwanza administration after two years in office. 

Charge 1: Making inciteful remarks 

The lawmaker has accused Gachagua of making utterances that divide Kenyans based on ethnic grounds. 

"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

According to the motion, the DP has undermined his boss by making statements that are not in line with the government's policies.

The lawmaker claimed that Gachagua opposed the Nairobi River Riparian Evacuation orders which the Cabinet had approved. 

"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 the DP of interfering with Nairobi County matters by allegedly inciting citizens against 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

According to the lawmaker, Gachagua made scathing attacks against the High Court judge after she determined a case in which the DP was a party.

In the case, Justice Esther Maina ordered the parties to forfeit 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 involves violating the oath that he took that requires him to obey, preserve, protect and defend the Constitution.

According to MP Mwengi, this violates Article 148 of the Constitution that dictates the DP ought to perform the functions in line with the Constitution. 

Charge 6: Violating the National Cohesion and Integration Act

Section 62 of the Act provides that anyone who stirs up ethnic hostility commits an offence. The motion accuses Gachagua of making inciteful public utterances since taking office. 

Charge 7: Amassing properties worth Ksh.5.2 billion illegally

DP Gachagua is accused of amassing wealth illegally by using his spouse, two sons and other close family members as proxies. The MP claims that Gachagua uses 22 companies to launder money and conceal proceeds of crime.  

"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 alleges that Gachagua has continuously misled the public through divisive remarks.

He referenced Gachagua's remarks over Lady Justice Esther Maina claiming 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 the June 26, 2024 press briefing held in Mombasa County where the DP accused National Intelligence Service Director General of failing in his duties to assess public's sentiments that led to the nationwide anti-government protests. 

According to the lawmaker, the remarks reduced the public's confidence in the government's ability to deliver its mandate. 

Gachagua was also accused of colluding with cartels in the agricultural sector to block farmers from reaping hefty returns from 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 reason for grounds of impeachment involves bullying, where the MP claims that the Second in Command constantly humiliated state and public officers who he thinks stand in his way.

The lawmaker also alleges that Gachagua directed Kenya Medical Supplies Agency Officials to award a tender for the supply of mosquito nets to Crystal Limited. 

Another example listed was Gachagua allegedly intimidating public officers and contractor to divert materials meant for the construction of the Kilifi-Malindi Road to tarmac a private road to Vipingo Beach Resort.

The MP claims that the hotel 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."