Pursuant to the provisions of Articles 145 and 150 (1)(b) and (2) of the Constitution and…

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1 Oct 2024 Moved by Mwengi Mutuse Seconded by Owen Baya National Assembly 13th Passed/Adopted

Motion text

THAT, pursuant to the provisions of Articles 145 and 150 (1)(b) and (2) of the Constitution and Standing Orders 64 and 65 of the Standing Orders of the National Assembly of the Republic of Kenya, this House resolves to remove from Office, by Impeachment, His Excellency Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya on the following grounds: 1. Gross violation of Articles 10(2)(a), (b) and (c); 27(4), 73(1)(a) and (2) (b); 75(1)(c), and 129(2) of the Constitution and Articles 147(1), as read with Article 131(2)(c) and (d) of the Constitution: THAT, H.E. the Deputy President has persistently made utterances threatening to discriminate, exclude and unlawfully deny sections of the people of Kenya and regions of the Republic of Kenya equal opportunities for public service appointments and allocation of public resources; 2. Gross violation of Articles 147(1) and 152(1) of the Constitution by undermining the President and the Cabinet and the effective discharge of the national government's executive mandate: THAT, H.E. the Deputy President has made unilateral public statements inconsistent with policy positions collectively adopted by the Government and contradicted the President on critical matters of governance and the exercise of the President's function as a symbol of national unity; 3. Gross violation of Articles 6(2), 10(2)(a), 174, 186(1), 189(1) and the Fourth Schedule to the Constitution by undermining Devolution: THAT, H.E. the Deputy President interfered with the running of Nairobi City County Government by inciting citizens against lawful directives of the County Government on the planning and relocation of markets and publicly disparaging the leadership of the County Government and its decisions; 4. Gross violation of Article 160(1) of the Constitution on the Institutional and Decisional Independence of Judges: THAT, H.E. the Deputy President has undermined the institutional and decisional independence of a judge through public attacks on a judge of the High Court of Kenya and falsely threatening to file a petition for the removal of the said Judge in a matter in which he was a party. 5. Gross violation of Articles 3(1) and 148(5)(a) of the Constitution on the fidelity to the Oath of Office and Allegiance: THAT, H.E. the Deputy President breached his Oath of Office and Allegiance on account of the utterances and actions attributed to the Deputy President under Grounds (1), (2), and (3); 6. Serious reasons to believe that H.E. the Deputy President has committed crimes under sections 13(1)(a) and 62 of the National Cohesion and Integration Act: THAT, H.E. the Deputy President has persistently made inflammatory, reckless, inciteful public utterances over the last two years in contravention of the law; 7. Serious reasons to believe that H.E. the Deputy President has committed gross economic crimes, under sections 45(1), 46, 47A (3), and 48 (1) of the Anti-Corruption and Economic Crimes Act and sections 2, 3, 4, and 7 of Proceeds of Crime and Anti-Money Laundering Act: THAT, H.E. the Deputy President, has committed gross economic crimes, namely, conflict of interest, abuse of office, and conspiracy to commit crimes under sections by inexplicably amassing property estimated at Kshs. 5.2 billion that is incompatible with his known legitimate income; and by trading with the Office of the Deputy President through proxies; 8. Serious reasons to believe that H.E. the Deputy President has committed crimes by continuously misleading members of the public through false, malicious, divisive and inciteful remarks that are contrary to the provisions of section 132 of the Penal Code and section 29 of the Leadership and Integrity Act; 9. Gross misconduct that is incompatible with the high calling and dignified status of the Office of the Deputy President and member of the Cabinet and the National Security Council. H.E. the Deputy President has publicly attacked and undermined the work of the National Security Intelligence Service and its Officers; 10. Gross misconduct by openly or publicly insubordinating the President, who is the Head of State and Government; and 11. Gross misconduct by persistently bullying state and public officers.

Tracker remarks

Adopted Matter referred to the Senate for consideration pursuant to Article 145(2) and 150 of the Constitution

Source: parliament.go.ke. Last updated 5 Jul 2026.