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A legal guide to removing a sitting president from office

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The process for removing a sitting president is both thorough and constitutionally regulated, ensuring that such a significant decision is justified and legally sound. This process involves both the legislative and judicial branches of government and is designed to uphold democratic principles and accountability.

Following ongoing protests across Kenya, which began in June 2024 to date, have intensified discussions about presidential accountability. Thousands of Kenyans have rallied against what they perceive as excessively harsh taxation policies, arguing that these measures have worsened economic hardships and demanding greater scrutiny of the current administration.

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Here are the steps for legally removing a president from office:

Impeachment Procedure:

  1. Constitutional Grounds: The Kenyan Constitution stipulates that a president can be impeached on grounds of constitutional violations, abuse of office, or gross misconduct.
  2. National Assembly Motion: To initiate impeachment proceedings, at least one-third of Members of Parliament (117 members) must submit a formal petition or motion. This motion is then reviewed and debated in the National Assembly.
  3. Investigation Committee: If the motion passes, the National Assembly forms an investigation committee to gather evidence and conduct hearings on the allegations.
  4. Assembly Vote: Following the investigation, the National Assembly votes on whether to advance the impeachment motion. A two-thirds majority (234 MPs) is required to proceed.
  5. Senate Trial: The case is then transferred to the Senate, where a trial is conducted under the leadership of the Chief Justice. The Senate determines whether the president is guilty of the charges.
  6. Removal from Office: If found guilty, the president is removed from office and barred from holding any future public office.

Addressing Incapacity: In cases of temporary incapacity, the Deputy President assumes the role of Acting President. For permanent incapacity, the Deputy President succeeds to office, and a new election is organized.

READ MORE: “POLICE WITHOUT UNIFORM WILL BE TREATED AS THIEVES AND ROBBERS” KASMUEL MCOURE ISSUES A DIRECTIVE AHEAD OF THE NANE NANE MARCH

This structured approach ensures thorough legal scrutiny and democratic oversight, reflecting public concerns about effective governance and leadership integrity amid ongoing protests.

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