Race against time: Senate convenes over Gachagua impeachment
Speaker of the Senate, Amason Kingi, has gazetted today morning as the sitting where senators are expected to hear the charges relating to the impeachment of Deputy President Rigathi Gachagua.
In a gazette notice dated October 9, 2024, Speaker Kingi says the Senate will hold its morning sitting today at 9:30am to hear the charges.
“Pursuant to Article 145 (3) of the Constitution and Standing Order 78 (1) of the Senate Standing orders, I appoint the sitting of the Senate for Wednesday, October 9, 2024 at 9:30am as the sitting convened for the purpose of the hearing,” the gazette notice reads.
Mr Gachagua was successfully impeached in the National Assembly on Tuesday night with 282 MPs voting in favour, 44 against and only one abstaining.
Article 144 (2) of the Constitution stipulates that if the MPs secure the two-thirds majority required to remove the DP, the motion goes to the Senate, where a similar majority is required to remove Mr Gachagua.
The Senate can decide to appoint an 11-member select committee to investigate the allegations against the deputy president.
The committee is tasked with investigating the allegations against the DP and submitting its report on the specific allegations against the DP within 10 days.
If the Committee reports that the particulars of an allegation against the DP have not been substantiated, no further proceedings shall be taken in respect of that allegation.
If substantiated, the Senate shall, after giving the DP an opportunity to be heard, vote on the charges.
If at least two-thirds, being 45 Senators of the total membership of the Senate, vote to sustain an impeachment charge, the DP shall immediately cease to hold office.
If the DP is impeached by the Senate, the DP may decide to appeal the decision in court.
If the impeachment and the courts uphold the removal, the vacancy in the office of the Vice President shall be filled within 14 days.
The president must nominate a person to fill the vacancy and the National Assembly must vote on the nomination within 60 days of receiving it.
Last week, Speaker Kingi warned senators against making public comments on the Gachagua impeachment case that was destined for the Senate.
“Comments, whether written or oral, may prejudice the fair outcome of the proceedings not only in the Senate but also in the National Assembly as this is a function of both Houses of Parliament,” Mr Kingi said.
smundu@ke.nationmedia.com
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