Explainer: What It Takes to Impeach a Deputy President in Kenya

Talks of impeaching Kenya’s Deputy President, Rigathi Gachagua, have resurfaced in political discussions. But how realistic is this? What does it take to impeach a Deputy President in Kenya? The process is complex, involving multiple constitutional provisions and political maneuvers. Articles 144 and 145 of the Constitution outline the mechanisms for removing a Deputy President from office.

Grounds for Impeachment

There are two primary grounds under which a Deputy President may be removed from office:

Physical or Mental Incapacity: If the Deputy President is incapable of performing their duties due to physical or mental health reasons, a formal investigation can be initiated.
Impeachment: A Deputy President can also face impeachment based on three key reasons:
- Gross Violation of the Constitution or Law: Any serious breach of constitutional duties or laws can lead to impeachment.
- Crime Committed under National or International Law: If there is substantial evidence that the Deputy President has committed a crime, this can also be grounds for impeachment.
- Gross Misconduct: This covers actions that are severely inappropriate or unethical in the context of public office.

The Impeachment Process

The impeachment process is initiated when a Member of Parliament (MP), with the backing of at least one-third of the National Assembly members, presents a motion citing any of the aforementioned grounds. Should at least two-thirds of the National Assembly support the motion, the Speaker of the National Assembly is required to notify the Speaker of the Senate within two days.

At this stage, the Deputy President continues to perform their duties while the impeachment process is underway. Within seven days of receiving the notice from the National Assembly, the Senate must convene to address the charges. The Senate may then form a special committee composed of 11 members to investigate the allegations.

This committee has 10 days to review the evidence and determine if the claims are substantiated. During this investigation, the Deputy President has the right to appear and defend themselves, either personally or through legal representation.

The committee’s findings dictate the next steps. If the committee concludes that the allegations are unsubstantiated, the process halts, and no further action is taken. If the committee substantiates the allegations, the Senate moves forward to debate and vote on each impeachment charge.

For the Deputy President to be removed from office, at least two-thirds of the Senate members must vote in favor of upholding the impeachment charges. If this threshold is reached, the Deputy President is officially removed from office. If the threshold is not met, the Deputy President retains their position.

Removal Due to Incapacity

In the case of physical or mental incapacity, a separate process applies. An MP, supported by at least one-quarter of the National Assembly, may move a motion requesting an investigation into the Deputy President’s capacity to perform their duties.

If the majority of the National Assembly supports the motion, the Speaker notifies the Chief Justice, who must appoint a tribunal within seven days. This tribunal consists of three medical practitioners, one advocate from the High Court, and one individual nominated by the Deputy President or a close family member if the Deputy President is unable to nominate someone themselves.

The tribunal has 14 days to investigate and report its findings. If the report concludes that the Deputy President is capable of performing their duties, the Speaker announces this in the National Assembly, and no further action is taken. However, if the tribunal determines that the Deputy President is incapable, the National Assembly votes on whether to ratify the report.

A majority vote in favor of the tribunal’s findings would lead to the Deputy President being removed from office. If the vote does not pass, the Deputy President remains in office.

Conclusion

Impeaching a Deputy President in Kenya is a lengthy and intricate process, requiring substantial support from both the National Assembly and the Senate. It is designed to prevent the misuse of political power and ensure that any removal from office is based on verified and serious grounds. Whether for misconduct or incapacity, the threshold for impeachment is high, ensuring that such a decision is not taken lightly.