Lawyer Kipkorir to DP: Ignore MPs, focus on Senate for survival

Lawyer Donald Kipkorir has given Deputy President Rigathi Gachagua a number of tips, which he says will help him surmount the career-threatening impeachment motion facing him.

The notice of impeachment was tabled on Tuesday by Kibwezi West MP Mwengi Mutuse, who cited 11 grounds upon which he wants the DP sent packing, including alleged suspicious acquisition of Sh5.2 billion and insubordination to the president.

Speaker of the National Assembly Moses Wetang’ula set October 8 as the hearing date but directed that all 47 counties conduct public participation on Friday, October 4.

All three attempts by Gachagua to stop the National Assembly from proceeding with the impeachment motion flopped after the courts declined to issue interim orders halting the process.

His attempt to stop public participation was also unsuccessful after the court declined to issue interim orders and set October 9 for determination of the matter.

“The Court may on that day issue such interim conservatory orders or further directions as shall be deemed just, fit, and proper to issue pending the hearing and determination of the matter,” Justice Bahati Mwamuye said.

In his learned opinion, lawyer Kipkorir opines that there’s still room for Gachagua to forestall the impending attempt to hound him out of office barely two years after being voted in through a joint ticket with President William Ruto.

First, Kipkorir says Gachagua should not attend the October 8 hearing of the impeachment motion.

“Free advice to Deputy President Rigathi Gachagua. Don’t attend the impeachment proceedings in the National Assembly. Ignore them. Send your lawyers to pooh-pooh the allegations,” he said in a statement on X.

The lawyer said the DP should instead focus on marshalling sufficient support in the Senate, which will act as the trial court should the National Assembly pass the impeachment motion.

“Read impeachment proceedings in the US. Many impeachments from the lower House ended in the Senate. Focus on the Senate. It is the Impeachment Trial Court. You only need 17 senators to get acquittal,” the lawyer said.

The Speaker of the National Assembly will inform the Speaker of the Senate within two days if a resolution to impeach the DP is reached after the October 8 hearings.

The Speaker of the Senate will, on his part, convene a sitting within seven days following the communication of the resolution of the National Assembly to impeach the deputy president. 

An 11-member committee may be formed to interrogate the charges.

The special committee shall investigate the allegations levelled against the DP and report back to the Senate within 10 days.

The committee will either substantiate or dismiss the claims. Gachagua has a right to be represented or appear in person before the committee during the investigations.

If the committee finds that the allegations are unsubstantiated, the impeachment process grinds to a halt.

However, if the committee upholds the charges, the Senate will invite the DP to defend himself before voting on the charges.

If two-thirds of the Senate votes to uphold any impeachment charge, the deputy president will stand impeached and immediately cease to hold office.

Lawyer Kipkorir exuded confidence that Gachagua would survive the impeachment trial, which he condemned as an injustice to the DP.

He, however, said this first term is as far as the former Mathira MP can go as the second-in-command if he survives the ouster motion.

“Prof Kithure Kindiki is my friend, and I pray he will replace you in 2027. Be that as it may, I abhor injustice even to my enemies. If injustice is done to you today, tomorrow, my friends will also suffer,” he said.