Members of County Assemblies (MCAs) in Kenya may soon be restricted from initiating impeachment proceedings against governors during their first six months in office. This new provision is part of the County Governments (State Officers’ Removal from Office) Procedure Bill, 2024, which was recently introduced in the Senate. If passed, the bill will introduce a structured and comprehensive framework for the impeachment process, addressing existing gaps in the law and providing procedural safeguards to ensure fairness and transparency.
Key Provisions of the Bill
The bill, sponsored by Kiambu Senator Karungo Thang’wa, seeks to reform the impeachment process for various state officers serving in county governments, including governors, deputy governors, county speakers, County Executive Committee members, and county secretaries. A central feature of the bill is the stipulation that no impeachment motion against a governor can be introduced until the governor has served at least six months in office.
This provision is a response to the increasing number of impeachment attempts against governors shortly after they assume office. According to Senator Thang’wa, the current laws are inadequate in addressing the complexities of the impeachment process, leading to inconsistencies and challenges in the application of the law across different counties. The bill aims to standardize the impeachment process and close the loopholes that have previously led to rushed and, at times, controversial removal procedures.
Addressing Gaps in the Current Framework
Senator Thang’wa highlighted several deficiencies in the existing legal framework, including short timelines for concluding impeachment processes, the inadequate scope of public participation, and the absence of a clear threshold for determining grounds for impeachment. The proposed bill increases the time allotted for the Senate Committee to consider an impeachment motion from 10 days to 14 days, providing more time for thorough deliberation.
Additionally, the bill mandates that Parliament advertise the impeachment proceedings in at least two national newspapers, inviting the public to participate by submitting their views. This move is intended to enhance transparency and ensure that the public’s voice is considered in the impeachment process. The Senate Committee will then have 30 days to submit a report to the Senate, incorporating the public’s input.
Ensuring Fair Administrative Action
The bill draws attention to the importance of adhering to the principles of fair administrative action as outlined in Articles 47 and 50 of the Kenyan Constitution. These articles guarantee the right to a fair hearing and procedural fairness, which Senator Thang’wa argues are not adequately protected under the current impeachment procedures. By extending the timelines and involving the public more comprehensively, the bill aims to provide the necessary procedural safeguards to ensure that the impeachment process is both fair and just.
Recent Impeachment Case Highlights the Bill’s Relevance
The introduction of this bill comes in the wake of the impeachment of Meru Governor Kawira Mwangaza, who was removed from office by the county assembly for the third time on August 8, 2024. The impeachment motion, supported by 49 MCAs and opposed by 17, cited gross violations of the Constitution, gross misconduct, and abuse of office as the grounds for removal. This case underscores the urgency of the proposed legislative reforms, as it highlights the potential for political instability and governance challenges arising from the current impeachment process.
The Legislative Path Forward
The County Governments (State Officers’ Removal from Office) Procedure Bill, 2024, was read for the first time in the Senate on August 6, 2024. It will now undergo the standard parliamentary process, including debates, committee reviews, and possible amendments, before it can be passed into law. If approved, the bill will be signed into law by the President, marking a significant step forward in ensuring stability and fairness in Kenya’s county governments.
This legislative initiative reflects the need for a more balanced and considered approach to the impeachment of state officers in county governments, aiming to protect both the integrity of the office and the democratic process.
