Is Impeachment a Tool for Accountability or Political Weaponry in Kenya?

Proactive

Impeachment Process

Grounds for Impeachment: The sources specify several grounds for impeachment, including gross violation of the Constitution or any other law, commission of a crime under national or international law, gross misconduct, incompetence, abuse of office, physical or mental incapacity.

Initiation of Proceedings: The impeachment process is initiated by a motion submitted to the Speaker of the relevant assembly (National Assembly or county assembly), supported by a specified proportion of members. The required proportion varies depending on the office:

• President: At least one-third of all members of the National Assembly.
• Cabinet Secretary: At least one-quarter of all members of the National Assembly for proposing a motion to the President; at least one-third of the members to appoint a select committee for investigation.
• Governor: At least one-third of all members of the county assembly.
• County Executive Committee Member: At least one-third of all members of the county assembly.

Investigation: After the motion is approved, an investigative committee is usually formed to examine the allegations. This committee may comprise:

• Eleven members of the Senate for Presidential impeachment.
• Eleven members of the National Assembly for Cabinet Secretary impeachment.
• Not more than eleven members of the Senate for Governor impeachment.
• Not more than nine members of the county assembly for County Executive Committee member impeachment.
• The accused official has the right to appear and be represented during these investigations.

Decision-Making: The relevant assembly votes on the impeachment charges based on the findings of the investigative committee. The required threshold for successful impeachment also varies by office:

• President: At least two-thirds of all members of the National Assembly to initiate proceedings in the Senate; at least two-thirds of all members of the Senate to remove the President.
• Cabinet Secretary: A simple majority of the National Assembly to pass a resolution requiring dismissal, which is then submitted to the President.
• Governor: At least two-thirds of all members of the county assembly to send the motion to the Senate; a majority of the county delegations of the Senate to remove the Governor.
• County Executive Committee Member: A simple majority of the members of the county assembly to pass a resolution requiring dismissal, which is then submitted to the Governor.

Judicial Review: The sources provide for the possibility of applying to the High Court for review of the Senate's decision in the case of Governor impeachment. There is also a general provision allowing for a move to the High Court for review within 14 days of a final decision on impeachment for any office, unless stated otherwise.