CS Duale scoffs at Senator Mungatana's censure motion

Mungatana filed a censure motion against the DP on Monday, September 23, requesting that the Senate discuss his character as the country's second in command.

Duale, on the other hand, explained that the censure motion is simply an expression of disapproval of one's behaviour and has no consequences.

The CS also stated that the censure motion lacks legal grounds for removing someone from office, pointing out that the law only allows an impeachment motion to come from the National Assembly.

According to the Constitution, an MP can move an impeachment motion against the DP or the president if at least one-third of the members support it.

The motion will then be debated in the House before being sent to the Senate if it receives support from at least two-thirds of MPs.

For the motion to pass in the Senate, at least two-thirds of all senators must vote in favour.

"What is the end game? Since a censure motion or even a substantive motion under the Standing Orders would not have any legal effect in terms of removal, should the objective be to remove a state officer where there are grounds, the Constitution already provides elaborate provisions for removal," Duale wondered. 

"A we are not happy with your conduct" censure motion or a substantive motion cannot serve the purpose of impeachment," he added. 

Senator Mungatana claims Gachagua has violated the Constitution by continuing to make statements that cause tension and divide Kenyans along ethnic lines.

The deputy president was also accused of inciting Kenyans to disobey county government directives, referring to the recent feud between Gachagua and Nairobi governor Johnson Sakaja over the relocation of Wakulima traders to Kangundo market.

Gachagua urged Sakaja to reconsider the decision and hold a meeting with the traders, a move that drew the ire of the governor who instructed the DP to keep off county matters. 

For months, the DP has been walking on a tight rope after facing endless insults from President Ruto's close allies.

In a rejoinder, Gachagua has urged his boss to call his house to order by keeping his promise of protecting his deputy from humiliation and harassment. 

“It’s upto our boss (President Ruto) to decide what should be done because he is our party leader. He can call a PG and bring down the political temperatures; tell the MPs to stop attacking each other, ask those who accompany him who abuse the DP to stop…because if he told them to stop, they would stop," Gachagua said in an interview on Citizen TV on September 20, 2024.