Senator Mungatana files motion to censure DP Gachagua over alleged misconduct

Tana River Senator Danson Mungatana has tabled a motion in the Senate seeking to censure Deputy President Rigathi Gachagua for alleged misconduct.

The motion, dated September 23, 2024, accuses DP Gachagua of breaching constitutional provisions, particularly Articles 75 and 147, by making statements that have incited tension among different ethnic communities in Kenya and undermined the national unity required of his office.

According to the motion, Mungatana claims that Gachagua has repeatedly made public remarks since assuming office that marginalise certain sections of Kenya.

The DP is also accused of inflaming ethnic tensions and encouraging Kenyans to disobey lawful directives issued by county governments.

Danson Mungatana Danson Mungatana Pulse Live Kenya

Key Allegations in the Motion

The motion cites multiple instances in which Deputy President Gachagua allegedly violated the Constitution of Kenya, specifically the Leadership and Integrity Act and Article 75, which governs the conduct of state officers.

Among the concerns raised are:

Employment Disparities

The Deputy President is alleged to have made public statements regarding employment opportunities in the public sector, which have been perceived as discriminatory toward some Kenyans.

Devolved Units Resources

Gachagua has been accused of commenting on the allocation of resources to devolved units in a manner that promotes inequality and favoritism.

Incitement Against County Governments

The motion also accuses Gachagua of inciting sections of Kenyans to disobey lawful directives from some county governments, which could undermine governance at the local level.

Mungatana’s motion further claims that these public utterances contravene Article 10 (2) of the Constitution, which upholds national values, including unity and diversity.

The motion argues that Gachagua’s conduct has damaged the office of the Deputy President and demeaned its role in promoting respect for all communities in Kenya.

The motion, which falls under Standing Order 101 (1), seeks to formally express the Senate’s displeasure and disappointment with the Deputy President’s behaviour.

Senator Mungatana emphasised the importance of adhering to the leadership standards outlined in the Constitution.

Deputy President Rigathi Gachagua Deputy President Rigathi Gachagua Pulse Live Kenya

The motion outlines that the Deputy President’s position requires him to safeguard the Constitution, promote national unity, and respect the diversity of Kenya’s people.

The motion now awaits deliberation by the Senate. If passed, it would result in an official censure of Deputy President Gachagua.

A censure motion is a formal statement or resolution passed to express disapproval or condemnation of the actions or behavior of a public official or government body.

While a censure does not carry any direct legal penalties, it is a symbolic act that highlights misconduct, unethical behavior, or failure to perform duties according to expected standards.