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IMPEACHMENT
IMPEACHMENT
To impeach is to call to account an individual especially a public official before a competent tribunal for some high crime or offense and or misconduct while in office. The adoption of the 2010 Constitution under article 145 and 150 enables the government of Kenya to remove from office the President, Deputy President or any other state officer for reasons including gross violation of the Constitution or any other law, gross misconduct, abuse of office, committing a crime against national or international law, physical and mental incapacity to perform the function of the office.

IMPEACHMENT IS IT A PRO OR A CON?

To impeach is to call to account an individual especially a public official before a competent tribunal for some high crime or offense and or misconduct while in office. The adoption of the 2010 Constitution under article 145 and 150 enables the government of Kenya to remove from office the President, Deputy President or any other state officer for reasons including gross violation of the Constitution or any other law, gross misconduct, abuse of office, committing a crime against national or international law, physical and mental incapacity to perform the function of the office.

On 8th October, 2024, the members of the National Assembly exercised their constitutional right to impeach the Deputy President Rigathi Gachagua on ground of corruption, insubordination and abusive of office. This is the first executive impeachment in Kenya with a trail of county level impeachments. According to Moses Naymori of the Daily Nation (2023) 11 governors and 3 deputies have been impeached by the members of the county assembly with only 2 successful impeachments of the former Nairobi and Kiambu governors Mike Sonko and Ferdinand Waititu respectively. The process typically began with a motion tabled in the county assembly and when the majority of members gave support, the motion proceeded to the senate, which had the final say with two-thirds majority supporting the impeachment.

So what’s the impeachment process?

It begins by a member of the National Assembly proposing a motion to impeach the president or the deputy president which must be supported by at least one-third of all members. In the case of Kenya, Mwange Mutuse, a first term Member of Parliament for Kibwezi West Constituency, proposed the motion. The next step, two-thirds majority of the National Assembly must approve the motion. Upon approval by the National Assembly, the Speaker of the Senate convenes a sitting where a special committee of 11 members is formed to investigate the allegations giving a report of the finding within 10 days. In the event that the committee finds sufficient grounds for impeachment the senate debates and votes of the motion requiring a two-thirds majority vote to remove the state official in question.

Why is Impeachment important?

Impeachment in Kenya is important for keeping public officials accountable and promoting good governance. It provides a legal way to remove officials like the President, governors, and other leaders if they break the law, misuse their power, or fail to perform their duties. This process helps protect the public by removing corrupt, incompetent, or unfit leaders, ensuring that public resources are used properly and that leadership remains effective. Impeachment also strengthens democracy by creating a system of checks and balances between different branches of government, preventing any one group from having too much power. By holding leaders accountable for their actions, impeachment builds public trust in the political system.

Challenges and Criticism

While impeachment serves a vital accountability mechanism it is not without challenges given that the political climate in Kenya is often influenced by powerful political influencers making it difficult to distinguish between genuine cases of misconduct and politically motivated incidences thereby creating opportunities for corruption and intimidation. Another challenge is the time-consuming impeachment process which causes delays in the administration of justice leaving offices without effective leadership for prolonged periods.

Conclusion

Though impeachment law shows a lot of promise to remain one of the most powerful tool for ensuring accountability among public officers, we must ensure that it is insulted and protected from political interference to maintain its integrity and profitability. Its ability to shape the country’s political and legal landscape amplifies the need for rigorous measures aimed to address loopholes that allow political rivalries to overshadow genuine cases of misconduct ensuring that impeachment remains a process of grounded in constitutionalism and rule of law.

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