Politics

Saboti MP says Gachagua removal driven by numbers, not legal grounds

The ODM MP maintained that impeachment, while political in nature, must still follow constitutional requirements, adding that questions remain on whether the correct procedures were fully observed.

Saboti Constituency MP Caleb Amisi has raised questions over the impeachment of former Deputy President Rigathi Gachagua, saying the outcome appeared to be driven more by parliamentary numbers than clear constitutional grounds, even as he acknowledged that the process was upheld by the courts.

Amisi argued that the debate surrounding the removal has exposed gaps in the Constitution and parliamentary procedures, warning that such weaknesses can be used during politically charged processes like impeachment.

Speaking during a Radio Generation interview on Wednesday, he said the legal framework still leaves room for manipulation in high-stakes political decisions.

“Of course, they say our constitution is not perfect. There are always lacunas here and there that people take advantage of,” he said.

He maintained that impeachment, while political in nature, must still follow constitutional requirements, adding that questions remain on whether the correct procedures were fully observed.

“Impeachment is a political process, and it must just be like that, political. Then, of course, there is a process of that political process. Was it followed by the Constitution, the tenets of the Constitution? I believe that is a conundrum.”

The MP further argued that, in his view, the case against Gachagua did not rest on strong legal or factual grounds, but rather on the strength of numbers in Parliament.

“In my view, there were no grounds to impeach Gachagua. It was merely that there was a presence of numbers in Parliament,” he highlighted.

His comments come days after the High Court on June 10, 2026, upheld Gachagua’s impeachment, while also finding that his right to a fair hearing had been violated during Senate proceedings. The court awarded him Sh50 million in damages but left his removal from office intact.

Gachagua became the first Deputy President removed through impeachment under the 2010 Constitution, following a political fallout within the ruling coalition and accusations including constitutional violations, promotion of ethnic divisions, misconduct, and undermining government operations.

The impeachment motion was introduced by Kibwezi West MP Mwengi Mutuse in the National Assembly in October 2024. After debate and public participation, MPs voted on October 8, 2024, where 281 supported the motion, 44 opposed it, and one abstained. Amisi himself was among those who voted in favour of the motion, a position he has publicly confirmed.

The matter later proceeded to the Senate on October 16, 2024, where senators upheld five out of eleven charges and voted 54-13 to remove Gachagua from office, making the impeachment effective.

In his court challenge, Gachagua argued that the entire process violated constitutional protections. While the court upheld the impeachment, it agreed that a fair hearing was not fully observed during the Senate trial.

Amisi also suggested that the legal standards applied in Gachagua’s case could, if broadly interpreted, be used against other senior leaders in future political contests.

He further revealed that he has already begun drafting an impeachment motion against President William Ruto, though he admitted that gathering enough political backing remains a major hurdle.

“Remember, I'm one of those people who have started drawing a motion of impeachment against the president,” he highlighted.

According to him, at least 117 signatures are required before such a motion can be formally introduced in Parliament.

“I need 117 signatures for me to present the motion before Parliament. Those who are even capable of signing, they get afraid,” he noted.

The legislator also weighed in on debates around parliamentary voting procedures during the impeachment process, dismissing arguments that differences in wording such as “yes” and “I vote yes” could affect the validity of votes, saying both express the same position.

His remarks add to the continuing political and legal debate over the impeachment of Gachagua and the broader constitutional questions surrounding how such processes are handled.

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