Detailed Process of Impeaching Kenya’s Deputy President

Impeaching the Deputy President of Kenya is a detailed process outlined in Article 150 of the Kenyan Constitution. The process involves several stages:

Grounds for Impeachment: The Deputy President can be removed from office on the following grounds:

1. Gross violation of the Constitution or any other law.
2. Committing a crime under national or international law.
3. Gross misconduct or abuse of office.
4. Physical or mental incapacity that hinders the performance of duties.

Initiation of Impeachment Motion: A member of the National Assembly must draft and submit a motion for the removal of the Deputy President. The motion must be supported by at least one-third of all members of the National Assembly; below are the steps:-

• Drafting the Motion: A member of the National Assembly (NA) begins the process by drafting a formal motion for the impeachment of the Deputy President. This motion must clearly outline the reasons for removal, which could include gross violation of the Constitution, misconduct, criminal activity, or incapacity.
• Collection of Support: The motion must garner the support of at least one-third of all members of the National Assembly. This is critical to move the motion forward. The member who initiates the motion will rally other MPs to back the proposal. If the threshold is met, the motion can be formally introduced for debate.
• Introduction to the National Assembly: Once enough support is gathered, the motion is formally submitted to the Speaker of the National Assembly. The Speaker then schedules the motion for debate within the assembly. The Speaker may also verify that the motion meets constitutional and procedural requirements before allowing it to be tabled.
• Debate and Voting: The National Assembly debates the motion, with members discussing whether the reasons presented justify impeachment. If, after the debate, two-thirds of the members vote in favor of the motion, it advances to the Senate for further consideration.

Investigation by the Senate: If the motion is approved by two-thirds of all the members of the National Assembly, it is then forwarded to the Senate. The Senate forms a special committee of 11 members to investigate the allegations against the Deputy President. The committee has 10 days to present its findings.

Below are the steps for this stage:-

1. Formation of the Special Committee:
   Once the National Assembly approves the impeachment motion by a two-thirds majority, the matter is forwarded to the Senate. The Senate then forms a special committee comprising 11 senators. These members are selected to investigate the allegations made against the Deputy President.
2. Investigation and Hearings:
   The special committee is tasked with thoroughly investigating the claims outlined in the impeachment motion. This involves:
   • Gathering evidence: The committee collects all relevant evidence, including documents, testimony from witnesses, and any other material related to the allegations.
   • Hearings: The Deputy President may be called to defend themselves, either personally or through legal representation. Witnesses may also be called to testify for or against the allegations.
   • Review of the case: The committee reviews the grounds for impeachment—whether the Deputy President is guilty of gross violations of the Constitution, misconduct, or incapacity.
3. Time Frame:
   The committee has a strict timeline of 10 days from its formation to conduct the investigation and present its findings. This means that the investigation must be conducted swiftly and efficiently.
4. Presentation of Findings:
   At the end of the 10 days, the committee submits a report to the full Senate. This report contains:
   • Findings on whether the allegations are substantiated or not.
   • A recommendation on whether the Deputy President should be removed from office based on the evidence

Senate Vote: If the committee finds sufficient grounds for impeachment, the Senate proceeds to debate and vote on the impeachment motion. For the Deputy President to be removed, at least two-thirds of all members of the Senate must vote in favor of the impeachment.

Outcome: If the Senate votes in favor of the impeachment, the Deputy President is removed from office.

If the motion fails, the Deputy President remains in office and cannot be subjected to another impeachment motion for the same allegations within three months.