Gachagua's tipping point: What does the law say about impeaching a Deputy President?

For months, the once-harmonious relationship between the two has soured, with Gachagua publicly admitting that he and the President no longer agree.

He has also claimed that he is constantly humiliated by Ruto's inner circle, further straining their alliance.

In an interview with Citizen TV on Friday, September 20, Gachagua claimed that certain Members of Parliament (MPs) are being bribed and intimidated in an attempt to launch an impeachment motion against him.

He and his allies have responded with a strong counteroffensive, warning of serious consequences if he is removed from office.

During an address on September 22, Gachagua warned President Ruto against reviving the "politics of betrayal," which has historically caused deep political schisms in Kenya.

 Rumors have also surfaced that some MPs aligned with the Orange Democratic Movement (ODM) are pushing for Gachagua's ouster.

In light of these developments, it is essential to clarify the legal framework surrounding the impeachment of a Deputy President under the Kenyan Constitution.

Constitutional Grounds for Impeachment

Article 150 of the Kenyan Constitution outlines the two grounds on which a Deputy President can be removed from office:

Physical or Mental Incapacity: As stated in Article 150(a), the Deputy President may vacate office if they are physically or mentally incapable of performing their duties.

Impeachment for Violations or Misconduct: Article 150(b) provides for the impeachment of the Deputy President if they are found guilty of gross violations of the law, gross misconduct, or if there are compelling reasons to believe they have committed a crime under national or international law.

Further, Section 2 of Article 150 stipulates that the procedures for removing a President, as outlined in Articles 144 and 145, also apply to the Deputy President.

Article 144: Investigating Incapacity

A motion to investigate the Deputy President's physical or mental capacity can be moved by a member of the National Assembly with the support of at least a quarter of all members. If a majority backs the motion, the Speaker must notify the Chief Justice (CJ) within two days.

The CJ is required, within seven days, to appoint a five-member tribunal to examine the case. This tribunal will include three medical practitioners nominated by a professional body, one High Court advocate, and one additional person nominated by the President (or a close family member if the President is unable to nominate).

Within fourteen days, the tribunal must report its findings to the Chief Justice and the Speaker, who will then present the report to the National Assembly for a vote. If the tribunal finds the Deputy President incapable of performing their duties, and the majority of MPs vote in favor, the Deputy President will be removed from office.

Article 145: Impeachment for Misconduct

The process for impeachment on grounds of misconduct differs from that of incapacity. Article 145 states that a member of the National Assembly may move to impeach the Deputy President if at least one-third of the members support it.

The grounds include gross violations of the law, gross misconduct, or serious accusations of criminal activity.

Once the motion is approved, the Speaker of the National Assembly must notify the Speaker of the Senate, and a Senate session is held within seven days.

The Senate may then form an eleven-member special committee to investigate the allegations.

The Deputy President is entitled to appear before the committee during the investigation. The committee has ten days to submit its findings to the Senate. If at least two-thirds of the Senate votes to uphold the charges, the Deputy President is removed from office.