What It Takes To Impeach A Deputy President
What It Takes To Impeach A Deputy President
The Deputy President may be removed from office due to physical or mental incapacity to perform the functions of the office, or through impeachment.
Articles Explaining Deputy President Impeachment
Articles 144 and 145 of the Kenyan Constitution allow for both options.
Impeachment can be based on a gross violation of a provision of this Constitution or any other law; serious reasons to believe that the Deputy President has committed a crime under national or international law; or for gross misconduct.
To impeach the Deputy President, an MP supported by at least one-third of all members may move a motion for impeachment on any of three grounds.
What Happens After Motion Passes National Parliament?
If at least two-thirds of the National Assembly members support the motion, the National Assembly Speaker must notify the Senate counterpart of the resolution within two days.
Meanwhile, while the impeachment proceedings are ongoing, the Deputy President will continue to carry out the duties of his office.
Within seven days of receiving notice of a resolution from the Speaker of the National Assembly, the Speaker of the Senate must convene a Senate meeting to hear charges against the Deputy President.
The Senate, by resolution, may appoint a special committee of eleven members to investigate the matter.
The special committee established above will look into the matter. It must report to the Senate within 10 days whether the particulars of the allegations against the Deputy President have been proven.
Can The Deputy President Defend Self?
The Deputy President has the right to appear and be represented before the special committee during its investigations.
The Special Committee may hear testimony from the MP who introduced the motion in the National Assembly, as well as other lawmakers.
If the special committee reports that the particulars of any allegation against the Deputy President have not been substantiated, no further action will be taken.
If the special committee reports that the particulars of any allegation against the Deputy President have been substantiated, the Senate will vote on the impeachment charges after hearing the Deputy President.
The Senate will vote on each impeachment charge in the Motion.
If at least two-thirds of all Senate members vote to uphold an impeachment charge, the Deputy President will be removed from office.
What Happens When Both Houses Assent Motion?
If no further proceedings are initiated because the allegations are unsubstantiated, the Deputy President will continue to hold office.
If the Deputy President is removed due to incapacity, an MP supported by at least a quarter of all members may move a motion for the Deputy’s investigation.
The MPs will look into the Deputy President’s physical or mental capacity to perform the duties of the office.
If a majority of all MPs in the National Assembly support the motion, the Speaker must notify the Chief Justice of the resolution within two days.
Within seven days of receiving notice of the Speaker’s resolution, the Chief Justice must appoint a tribunal.
The tribunal will consist of three persons who are qualified to practice medicine under Kenyan laws, nominated by the body which by law is responsible for regulating the professional practice of medicine; one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and one person nominated by the Deputy President.
If the Deputy President is unable to nominate the person required to be nominated, the person must be nominated by a member of the Deputy President’s family or a close relative.
The tribunal will investigate the matter and report back to the Chief Justice and Speaker of the National Assembly within 14 days of its appointment.
The Speaker will ensure that the tribunal’s report is tabled before the National Assembly within seven days of receiving it.
Final Report
The tribunal’s report shall be final and not subject to appeal.
If the tribunal reports that the Deputy President is capable of carrying out the duties of the office, the Speaker of the National Assembly shall announce in the National Assembly.
If the tribunal finds that the Deputy President is unable to perform the functions of the office, the National Assembly must vote on whether to ratify the report.
If a majority of all members of the National Assembly vote to ratify the report, the Deputy President will leave office.
What It Takes To Impeach A Deputy President
