How to impeach a Deputy President in Kenya according to the Constitution

This process is designed to uphold the principles of democracy, ensuring that any removal from office is carried out lawfully, transparently, and with just cause.

Here’s an in-depth look at how this constitutional mechanism works.

Grounds for Removal

The Deputy President of Kenya can be removed from office under specific constitutional grounds. These include:

Gross Violation of the Constitution or Any Other Law

This encompasses any actions that are fundamentally against the Constitution or other legal frameworks governing the country.

Examples could include misuse of office, undermining constitutional institutions, or participating in illegal activities.

Incapacity

The Constitution allows for the removal of a Deputy President who is deemed incapable of performing the functions of the office due to physical or mental health issues.

This incapacity must be clearly demonstrated and substantiated.

President William Ruto, Deputy President Rigathi Gachagua and CDF Charles Kahariri during the late CDF Francis Ogolla's burial President William Ruto, Deputy President Rigathi Gachagua and CDF Charles Kahariri during the late CDF Francis Ogolla's burial Pulse Live Kenya

Gross Misconduct

Any behavior that is considered highly inappropriate for someone holding the office of Deputy President, particularly actions that bring disrepute to the office, can be grounds for removal.

This could range from corruption to unethical conduct that affects the integrity of the office.

Crimes under Kenyan or International Law

Involvement in criminal activities, whether under national or international law, can also trigger the removal process.

This includes but is not limited to offenses such as corruption, human rights violations, or other serious crimes.

Initiating the Removal Process

The removal process is initiated within the National Assembly:

A member of the National Assembly must present a motion outlining the grounds for the Deputy President's removal.

This motion must clearly state the reasons and be backed by substantial evidence.

For the motion to proceed, it must be supported by at least one-third of all members of the National Assembly.

This support is critical to ensure that the motion has sufficient backing to warrant further consideration.

File image of President William Ruto with DP Rigathi Gachagua File image of President William Ruto with DP Rigathi Gachagua Pulse Live Kenya

Investigation by the Senate

Once the motion has the necessary support:

The Speaker of the National Assembly forwards the motion to the Senate within two days after it passes the threshold in the National Assembly.

The Senate forms a special committee comprising eleven members to investigate the charges against the Deputy President.

This committee is tasked with conducting a thorough investigation within 10 days.

The Deputy President shall have the right to appear and be represented before the special committee during its investigations.

The Senate then debates the committee's findings. If the committee does not find that the reasons for removal have been substantiated, the matter is dropped.

If the reasons have been substantiated, the Senate shall, after according the Deputy President an opportunity to be heard, vote on the impeachment charges.

If the Senate, by a resolution supported by two-thirds of its members, agrees with the committee’s findings, the Deputy President is removed from office.

File image of President William Ruto and DP Rigathi Gachagua at the Kakamega State Lodge during a visit to Western Kenya on August 30, 2023. Pulse Live Kenya

After Removal

Following the Senate’s decision:

The office of the Deputy President becomes vacant immediately after the Senate’s resolution.

The President is required to nominate a new Deputy President. within 14 days. This nominee must be approved by the National Assembly within 60 days before taking office.

Historical Context

Historically, no Deputy President has been removed from office using this constitutional provision, highlighting its role as a protective measure against arbitrary removal.

The provision reinforces the principle that all leaders, regardless of their position, are accountable under the law.

The removal of a Deputy President in Kenya is a serious and complex process, reflecting the importance of the office and the need for accountability at the highest levels of government.

As Kenya continues to develop its democratic institutions, these constitutional safeguards remain vital for upholding the rule of law and the principles of good governance.

Check it out here!