The impeachment of Deputy President Rigathi Gachagua by the National Assembly has sparked intense debate not only about the political ramifications but also the legal consequences he could face if the Senate upholds the decision. But what does Kenya’s Constitution and legal framework say about the consequences of impeachment? Could this mean the end of Gachagua's career in public service, and would he be barred from ever holding public office again?
What Happens If the Senate Upholds the Impeachment?
The process of impeaching a Deputy President in Kenya is outlined in the Constitution under Article 150, which provides for the removal of the Deputy President on grounds such as gross misconduct, violation of the Constitution, or physical or mental incapacity to perform the duties of the office. In Gachagua’s case, the accusations involve allegations of corruption, constitutional violations, and abuse of office.
Once the National Assembly passes an impeachment motion, it is forwarded to the Senate, which then has the responsibility to conduct a trial to determine whether the charges are substantiated. If a majority of the Senate votes in favor of the impeachment, Gachagua would be formally removed from his position as Deputy President.
Potential Consequences: Can He Hold Public Office Again?
Immediate Removal from Office:
If the Senate upholds the impeachment, Gachagua would be required to vacate the position of Deputy President immediately. This would mean he no longer has the powers, privileges, and responsibilities associated with the role. Additionally, he would lose the immunity that comes with being a senior officeholder in the Kenyan government, making him more vulnerable to legal proceedings that may have been pending against him.
Eligibility for Future Public Office:
The question of whether Gachagua would be permanently barred from holding any other public office hinges on the interpretation of Article 75 of the Kenyan Constitution, which deals with the conduct of state officers. It states that if a public officer is removed for violating the Constitution or gross misconduct, they are “disqualified from holding any other state or public office.”
Article 75 (1): This provision mandates that any state officer who contravenes the standards of integrity and accountability, or engages in conduct that undermines the public trust, can be disqualified from future office. This could mean that Gachagua might face a lifetime ban from holding any state or public office if his removal is tied to such findings.
However, Not Automatic: Legal experts argue that being impeached does not automatically disqualify someone from future office unless the Senate explicitly finds that the conduct amounted to gross misconduct or a serious breach of the Constitution. Thus, the specific findings of the Senate in the trial will be crucial.
Further Legal Proceedings:
Gachagua could face additional legal troubles post-impeachment, especially if the allegations involve criminal activities such as corruption. Without the protection of his high-ranking office, any pending investigations or cases could proceed with more intensity, potentially leading to charges and trials in court. Convictions in such cases could further limit his ability to hold public office in the future.
Impact on Benefits and Pension:
Typically, senior government officials, including the Deputy President, are entitled to certain retirement benefits. However, if impeached for gross misconduct or constitutional violations, those benefits might be at risk. The Deputy President could lose access to certain privileges, pensions, and other perks that come with having served in high office.
What the Precedents Say
While Kenya has not had many cases of impeaching a sitting Deputy President, other high-ranking officials have faced removal through similar processes. The outcome of the Senate trial often hinges on the nature of the charges and the political climate, which can influence how strictly the legal provisions are applied.
For example, governors who have been impeached and removed from office have sometimes faced restrictions in running for public office again. The precedent set in those cases suggests that a finding of gross misconduct could severely limit Gachagua’s political future.
The Role of the Courts
If Gachagua is impeached and the Senate supports the decision, he still has the option to challenge the legality of the process in the courts. The judiciary could be called upon to interpret the Constitution regarding his eligibility for future office and the nature of the charges brought against him. Kenya’s courts have, in the past, acted as arbiters in disputes involving high-ranking political figures, and Gachagua could turn to them in a bid to overturn the Senate’s decision.
What It Means for His Political Ambitions
Given that Ndindi Nyoro, currently a close ally of President Ruto and representing Kiharu, is rumored to be positioning himself for the Deputy President role, the implications of Gachagua’s potential disqualification could pave the way for new political dynamics within the ruling coalition. If barred from public office, Gachagua’s future in politics could be significantly restricted, leaving him with limited avenues for a comeback.
In Conclusion: While the immediate impact of impeachment would be Gachagua’s removal from office, the Senate’s findings will be crucial in determining whether he faces a broader ban from public service. With potential legal battles on the horizon and the political future of key players like Ndindi Nyoro in the balance, the stakes in this impeachment saga couldn’t be higher.
