How to Lawfully Impeach a Deputy President in Kenya: A Step-by-Step Guide

Kenya’s Constitution of 2010 provides a clear, transparent, and rigorous process for impeaching a Deputy President. This process ensures that the officeholder can only be removed under serious, lawful circumstances, reflecting the country’s commitment to democracy and accountability.

Highlights:

A Deputy President can be impeached for gross violation of the Constitution, incapacity, misconduct, or criminal offences.
The process involves the National Assembly, the Senate, and a special investigative committee.
A two-thirds majority in the Senate is required for the final vote to remove the Deputy President from office.

Grounds for Impeachment

The Constitution lists specific grounds under which a Deputy President can be removed:

Gross Violation of the Constitution or Any Other Law: This includes any act that undermines constitutional institutions, misuse of office, or illegal activities.
Incapacity: If the Deputy President is physically or mentally unable to perform their duties, they can be removed. This must be proven with credible evidence.
Gross Misconduct: Actions that damage the dignity of the office, such as unethical behaviour, corruption, or criminal conduct, can lead to impeachment.
Criminal Offences: Any involvement in crimes under national or international law, including corruption or human rights violations, can trigger impeachment.

The Impeachment Process

Impeachment starts in the National Assembly, where a motion must be introduced by a member outlining the reasons for removal. The motion must be backed by one-third of the National Assembly for it to proceed. This is a crucial step, ensuring that any attempt to remove the Deputy President is not taken lightly.

Investigation by the Senate

Once the motion passes the National Assembly, it moves to the Senate, where the Speaker forms an 11-member special committee. This committee has 10 days to investigate the claims. During the investigation, the Deputy President has the right to defend themselves and can be represented by a lawyer.

The committee’s findings are then presented to the Senate:

If the committee finds the allegations unsubstantiated, the impeachment process stops.
If the charges are substantiated, the Senate debates and votes on the matter.

Final Senate Vote

For the Deputy President to be removed, two-thirds of the Senate must vote in favour of impeachment. If the Senate reaches this majority, the Deputy President is immediately removed from office.

What Happens Next?

After the Senate’s vote, the President has 14 days to nominate a new Deputy President, who must be approved by the National Assembly within 60 days.

Historical Context

While no Deputy President has been impeached in Kenya’s history, this constitutional provision stands as a critical measure to protect the country’s leadership from abuse of power.

Kenya’s robust legal framework ensures that even the highest-ranking officials are held accountable to the people, reflecting the nation’s democratic principles and respect for the rule of law.