EXPLAINER: What it takes to impeach a Deputy President

The Star Kenya

Talks of a plan to impeach Kenya's second in command Rigathi Gachagua have resurfaced again, but how difficult or easy is it to impeach a Deputy President? https://shorturl.at/KSrGS

Transcript

00:00As discussions to impeach the Deputy President resurface once more,

00:04here's a detailed explanation on the impeachment procedure as outlined in the Kenyan Constitution.

00:09The Deputy President of Kenya can be removed from office through impeachment according to

00:14Article 145 of the Constitution and the relevant provisions of the law.

00:19A member of the National Assembly supported by at least a third of all members may move

00:24a motion to impeach the Deputy President based on three grounds.

00:28A gross violation of the Constitution or any other law,

00:31the commission of a crime under national or international law, or gross misconduct.

00:36To initiate the process, the Member of Parliament must submit the proposed motion

00:39to the Clerk of the National Assembly along with a list of MPs supporting the motion.

00:44The Clerk will then verify that the motion specifies the grounds

00:48and is signed by the Member and supporting MPs.

00:50Once the motion meets all requirements, it is passed to the Speaker of the National Assembly.

00:55The Speaker then has three days to approve or decline the motion,

00:58providing reasons it declined.

01:01If approved, the MP must give notice of the motion within 7 sitting days

01:05and move the motion within 14 days.

01:08The National Assembly must then dispose of the motion within seven days of it being moved.

01:12If the motion is supported by at least two-thirds of the National Assembly members,

01:16the Speaker informs the Speaker of the Senate within two days.

01:19The Deputy President will continue performing his or her duties during this period.

01:24Within seven days of receiving the notice,

01:26the Speaker of the Senate convenes a meeting to hear the charges.

01:29The Senate may appoint an 11-member special committee to investigate the allegations.

01:34This committee must report back to the Senate within 10 days

01:37on whether the allegations have been substantiated.

01:40If the Senate does not form a committee,

01:42it must decide on the matter within 10 days of its first meeting.

01:46The Senate Clerk will serve the Deputy President with a copy of the impeachment motion

01:50and invite him or her to appear before the Senate or the special committee.

01:54The Deputy President has the right to appear and be represented,

01:57either personally, by an advocate, or both.

02:00The Senate or the special committee may also hear from the MP who moved the motion.

02:05If the committee finds that the allegations have not been substantiated,

02:09the proceedings will end.

02:10However, if the allegations are found valid,

02:13the Senate will vote on the impeachment charges.

02:16I too that the majority vote in the Senate to uphold any charge

02:19will result in the Deputy President's removal from office.

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