IMPEACHMENT PROCESS IN KENYA

WHAT ARE THE LEGAL STEPS IN THE IMPEACHMENT OF A DEPUTY PRESIDENT?

The impeachment process in Kenya is governed by the Constitution of 2010, specifically in Chapter Eight, which addresses the structure of the Executive and the processes for holding its members accountable. The process for impeaching a Deputy President, such as Hon. Rigathi Gachagua, involves several key steps as outlined in Article 145 of the Constitution.

Duties of a Deputy President

It is important however, that before we look at the impeachment process of a deputy President, that we understand the roles of a deputy president as stipulated under the Kenyan Constitution Article 147. The constitution states as follows

147. (1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of 85 Constitution of Kenya, 2010 the President’s functions.

(2) The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign.

(3) Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.

(4) The Deputy President shall not hold any other State or public office.

Grounds for impeachment

Firstly, the grounds for impeachment are specified in Article 145(1). The Deputy President can be impeached on the grounds of gross violation of the Constitution or any other law, abuse of office, and where there are serious reasons to believe that the deputy president has committed a crime under national and international law. This ensures that the Deputy President is held accountable for any actions that undermine the integrity of the office.

The impeachment process

The process begins when a motion for impeachment is introduced in the National Assembly, as outlined in Article 145(1). The motion must be supported by at least one-third of the members of the National Assembly. This threshold ensures that there is a significant basis of support before the impeachment process can proceed, reflecting a collective concern among the elected representatives.

Once the motion is passed or supported by at least 2/3 of the members of Parliament, the Speaker of the National Assembly is required to notify the Deputy President and the Senate, as per Article 145(2), and a resolution made within 2 days.

A special committee of 11 members of the senate, is then formed within 7 days after receiving the notice of resolution from the speaker of the national assembly. In the absence of the Senate constituting the Committee, the Impeachment may be heard in the plenary i.e. before the whole house.  The Deputy President is then given an opportunity to respond to the allegations. This right to respond is a crucial aspect of the impeachment process, ensuring fairness and due process.

After the Deputy President’s response, the Senate convenes to conduct a trial, as stated in Article 145(5). The Senate acts as a tribunal and must decide whether to uphold or dismiss the charges. A 2/3 majority is required in the Senate to remove the Deputy President from office, pursuant to the provisions of Article 145(7) of the Constitution of Kenya, 2010. This high threshold reflects the seriousness of impeachment, ensuring that removal is not taken lightly.

If the Senate votes in favor of impeachment, the Deputy President is removed from office. However, if the Senate acquits the Deputy President, they remain in office, and the process concludes. The entire impeachment process is designed to maintain a balance between accountability and protection against arbitrary removal from office, upholding democratic principles within the Kenyan governance framework.