In Kenya, the procedure to impeach a President is outlined in the Constitution of Kenya, specifically in Articles 145 and 146. I will provide you with an overview of the process, including relevant quotes from the Constitution.
procedure to impeach a President
Motion of Impeachment
A motion for the impeachment of the President may be initiated by a member of the National Assembly.
According to Article 145(1) of the Constitution, “A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President on the grounds of a gross violation of a provision of this Constitution or of any other law.”
Notice of Motion
The member initiating the motion must give at least fourteen days’ notice to the Speaker of the National Assembly, stating the grounds for impeachment.
The Speaker shall then inform the President and the Senate Speaker of the notice. This is specified in Article 145(2) of the Constitution.
Formation of Special Committee
Upon receiving the notice, the Speaker of the National Assembly shall convene a special committee to investigate the allegations.
This committee, known as the “Special Committee on the Removal of the President,” is composed of eleven members as specified in Article 145(3) of the Constitution.
Investigation and Report
The Special Committee conducts a thorough investigation into the allegations and presents its findings to the National Assembly.
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Article 145(4) of the Constitution states, “If the special committee reports that the particulars of any allegation against the President have been substantiated, the National Assembly may proceed with the motion under subsection (5).”
Debate and Voting
The National Assembly debates the motion for impeachment. According to Article 145(5), “Within seven days after receiving the report, the National Assembly may vote on the motion, and if supported by at least two-thirds of all the members, the motion is passed.”
Referral to the Senate
If the motion is passed by the National Assembly, it is then referred to the Senate for a hearing. The Senate considers the charges brought against the President and makes a decision.
Article 146(1) of the Constitution states, “If the National Assembly passes a motion for the impeachment of the President, the Speaker of the National Assembly shall send a copy of the motion to the Speaker of the Senate.”
Removal from Office
If the Senate approves the motion by at least two-thirds of its members, the President shall cease to hold office. Article 146(2) of the Constitution states, “If the Senate approves the motion, the President shall cease to hold office.”
It’s important to note that the President has the right to appeal to the Supreme Court if he or she believes that the impeachment process was not conducted in accordance with the Constitution, as outlined in Article 146(5).
Please keep in mind that the Constitution of Kenya may be subject to amendments, and it is advisable to refer to the most up-to-date version or consult legal experts for precise and current information on the impeachment process.
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