The subject of impeachment has always been a sensitive political topic in Kenya, particularly with discussions about plans to impeach the Deputy President, Rigathi Gachagua.
The constitution gives the National Assembly and the Senate the powers to initiate the removal of the Deputy President from office. The impeachment process is used to check the conduct of public officials to ensure they don’t abuse their positions of power.
Top legislators from the Kenya Kwanza regime have publicly declared their intentions to impeach DP Gachagua from office for allegedly disrespecting President William Ruto.
Already, a censure motion has been filed in the Senate, and it is seen as a way of testing the waters before initiating an impeachment motion to remove the second-in-command.
Why is DP Gachagua being impeached?
The plans to impeach DP Gachagua stem from accusations of abuse of office and misconduct, similar to the grounds specified in the Constitution of Kenya.
Politicians from the ruling coalition have accused DP Gachagua of failing to uphold the integrity expected of his office. These accusations range from unethical political behavior and disrespecting the president.
However, these allegations must go through a legal process, including investigations and debates in both Houses of Parliament.
Can citizens impeach a president in Kenya?
Citizens cannot directly impeach the Deputy President or President, but public outcry can influence the actions of elected officials.
Citizens can express their dissatisfaction through petitions, protests, or lobbying their representatives in Parliament to initiate impeachment proceedings since impeachment proceedings are strictly governed by the legislative arm of government.
Can the President fire the deputy president in Kenya?
The President cannot unilaterally fire the Deputy President. This constitutional safeguard ensures that the Deputy President is not beholden to the whims of the President. Since the President and the Deputy are elected on a joint ticket, their tenure in office is determined by the law.
Political analyst Mutahi Ngunyi explained this scenario during an interview, saying, “The Kenyan Constitution creates a strong executive with checks and balances. The President can’t just fire the Deputy President, since both are answerable to the people, not to each other.”
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The Process of Impeaching the Deputy President in Kenya
The Deputy President can be impeached, and the grounds for removal from office are provided in Articles 144 and 145 of the Kenyan Constitution.
The constitution provides the following grounds for the removal of the Deputy President from office:
- Gross violation of a provision of this Constitution or any other law;
- Where there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or
- Gross misconduct.
To initiate the impeachment of a Deputy President, a Member of Parliament must introduce an impeachment motion on the floor of Parliament, which must receive the support of at least a third of all members of the National Assembly. This translates to 117 of the 349 MPs.
Once this threshold is met, the motion is debated and voted on. The mover of the motion must state the charges against which he or she wants the DP to be impeached. This motion passes in the National Assembly if it is supported by two-thirds of the House, translating to 233 of the 349 members.
If a majority of the National Assembly members support the motion, the speaker of the National Assembly must communicate to the Speaker of the Senate within two days.
Within seven days of receiving the National Assembly resolution, the Senate Speaker must convene a meeting of the Senate to hear the charges leveled against the DP. The Senate acts as the court of law adjudicating the matter, with the National Assembly acting as the prosecutor.
The Senate may appoint an 11-member special committee to investigate the matter. The committee shall report back to the Senator within 10 days on whether the particulars of the allegations against the Deputy President have been substantiated. The Deputy President shall have the right to appear before the Senate.
“If the Special Committee reports that the particulars of any allegations against the deputy president have been substantiated, the Senate shall, after according the Deputy President an opportunity to be heard, vote on the impeachment charges,” Article 145 of the Constitution states.
Like in the National Assembly, the Senate shall vote on each charge leveled against the Deputy President. If at least two-thirds of Senators, translating to 45 of the 67 members, vote to uphold any impeachment charge, the Deputy President immediately ceases to hold office.
However, if the special committee finds that the allegations against the Deputy President have not been substantiated, the impeachment proceedings end there.
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How to Remove a President from Office without Impeachment
Apart from an impeachment process, there are several other ways to remove the Deputy President from office. They include:
Voluntary resignation
A Deputy President may resign from office voluntarily by submitting a written resignation to the speaker of the National Assembly.
Mental or physical incapacity
The Constitution provides for the removal of the Deputy President from office if he or she is unable to perform his or her duties due to mental or physical incapacity. This process involves a formal medical evaluation to determine their mental and physical condition and must receive a final nod from Parliament.
Death
If the Deputy President dies in office, the office of the Deputy President will automatically become vacant. Within 14 days after the vacancy arises, the President shall nominate a person to fill the position and present the nomination to the National Assembly.
The National Assembly and the Senate must vet and vote on the nominee and must be approved by both Houses of Parliament. The nominee can only assume office after getting approved by the National Assembly and the Senate.