EXPLAINER- What will Happen on Tuesday, October 8 as National Assembly Considers DP Rigathi’s Impeachment Motion

Standing Order 64(2) of the National Assembly Standing Orders accord the House only 7 days to dispose of the motion after the Notice has been given.

2. Notice of the Special Motion was given by the Hon. Member for Kibwezi West on 1st October, 2024.

Consequently, the Motion must be disposed of by tomorrow, 8th October, 2024.

3. The sequence for tomorrow will be as follows:

(1) Tabling of the Report of the Public Participation exercise that was conducted between 2nd and 5th October 2024;

(2) The Hon. Mutuse will move the Special Motion and the Motion will be seconded ;

(3) There will be a general debate on the Motion, for about 7 hrs.

(4) The Deputy President is to make representation in person or by an advocate, or both, in the Chamber for about 2 hrs thereafter.

(5) The House will thereafter Vote on the Motion.

5. Under Art.145 and 150 of CoK, If the Motion is supported by 233 Members of the National Assembly, Speaker Wetangula will send it to Speak of the Senate (Hon. Kingi), within 2 days.
6. If the Motion does not receive the support of 233 Members, the matter will end there.

5. If the Vote for impeachment is supported by 233 members, it will flow as follows in the Senate –

(1) The Speaker of the Senate must Convene a sitting of the Senate within seven days of receiving the resolution of the National Assembly.

(2) Upon convening, the Senate must decide either to establish a Special eleven-member Committee to investigate the allegations or investigate the allegations as a House.

(3) A trial will be held in the Senate where the Deputy President will have an opportunity to appear and give evidence and cross-examine witnesses presented by the National Assembly.

(4) The Senate must conclude the investigations, hearing and voting on the impeachment within 10 days of the day it is convened to receive the resolution from the National Assembly.

(5) At least 45 Senators must vote in favour of the impeachment for any charge(s) to be upheld and for the Deputy President to cease to hold office.