Kenyans from across the country will be accorded an opportunity to give their views on the planned removal from office by impeachment of Deputy President Rigathi Gachagua.

National Assembly Speaker, Moses Wetang'ula while giving a roadmap of the impeachment process to the House explained that public participation on the exercise will be conducted on Friday, October 4 in all the 47 counties. 

Noting that public participation is an integral element of the process of removal of an elected State Officer from office, Speaker Wetang’ula revealed that the House Business Committee has approved a program of how the exercise will be conducted. 

“The House Business Committee has approved a program of public participation exercise across the country to be coordinated from 47 counties on 4th October, 2024,” said the Speaker. 

He explained that all parliamentary activities previously scheduled between Thursday, October 3, 2024 until Monday, October 7, 2024 shall be suspended to pave way for public participation exercise. 

“This unprecedented occasion is one which requires the House to summon all members to avail themselves and participate in all the activities relating to the special motion. Standing Order 68 provides that a motion for the removal of a person from office takes precedence over all other business in the order paper,” he said. 

The Speaker added that in accordance to requirements of articles 47 and 50 of the Constitution and Standing Order 67, Hon. Gachagua will be given an opportunity to appear before the House.

"The Deputy President shall be notified of his right to appear before the House on Tuesday, October 8, 2024 and the allocation of time between 5:00pm and 7:00pm”

Earlier after the tabling of the impeachment motion sponsored by Hon. Mwengi Mutuse (Kibwezi West), National Assembly Majority Whip, Hon. Silvanus Osoro, sought guidance from the Speaker Hon. Wetang'ula on how the House will incorporate public participation in the process.  

Hon. Osoro emphasized that the impeachment motion against DP Gachagua, which he described as unprecedented in the post-2010 constitutional era, is a matter of significant public interest.

He argued that public participation, a fundamental principle of Kenya’s Constitution, should be included in the legislative process for the motion.

Referencing past court rulings and county assembly jurisprudence, Hon. Osoro noted that impeachments at the county level, particularly of governors and their deputies, have been overturned due to the absence of public participation. 

He suggested that the same standard should apply to the current motion, aligning it with the impeachment procedures followed cases where governors and their deputies are sent home.

"Any motion brought before this House that is of public interest must go through the entire process, including public participation,” Osoro stated. 

He requested Speaker Wetang'ula’s guidance on how public participation could be incorporated into the current motion.

“Looking at the jurisprudence established by the courts and the County Assemblies on the impeachments of governors and their deputies, it is clear that many impeached officials have successfully challenged their removal due to a lack of public participation,” Osoro added.

National Assembly Majority Leader Kimani Ichung’wah and his Minority counterpart Junet Mohamed also raised concerns about the safety of Members of Parliament who have signed the motion to impeach Hon. Gachagua. 

Ichung’wah (Kikuyu) and Junet Mohamed (Suna East) who spoke on Tuesday afternoon after the motion to impeach the Deputy President was tabled said the security of the 291 who supported Hon. Rigathi’s ouster must be guaranteed. 

Speaker Wetang’ula in his communication to the House responded to the concerns, revealing that the safety of the MPs will be guaranteed.

"In addition to the existing arrangements made for the security and safety of members, additional arrangements shall be considered in the usual manner in consultation with the National Police Service.