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"content": "70. As stated in Ground 9 of this Motion, the phrase “gross misconduct” generally refers to behaviour that is “very unpleasant,” “disgusting,” or “very rude” (see the Oxford Advanced Learners Dictionary). Therefore, open or public insubordination of the President, who is the Head of State and Government under our constitutional framework, is gross misconduct. 71. As stated in the preceding parts of this Motion, Article 147 (1) of the Constitution designates the Deputy President as the principal assistant of the President who shall deputise for the President in the execution of the President’s functions. 72. His Excellency Rigathi Gachagua has persistently undermined, demeaned, and committed insubordination instead of assisting the President in executing the State executive mandate. Instead, he has opted to run a smear campaign against the presidency for political expediency. 73. Further, whereas Article 147 (2) of the Constitution requires the Deputy President to perform the functions conferred by the Constitution and any other functions that the President may assign, His Excellency Rigathi Gachagua is openly sabotaging the State’s efforts in agriculture, including the coffee, tea, sugar and milk sectors which the President tasked him to oversee 74. To illustrate— (a) His Excellency Rigathi Gachagua has connived with cartels in the tea sector to block the Kenya Tea Development Agency from implementing guaranteed minimum returns that would benefit smallholder tea farmers. (b) His Excellency Rigathi Gachagua has influenced his family members, allies, associates, and proxies to take control of a local cooperative society (name withheld) in Mathira, which they are financially haemorrhaging."
}