• Civic Scoop
  • Posts
  • How to Impeach the President as per the Constitution of Kenya 2010

How to Impeach the President as per the Constitution of Kenya 2010

What Chapter 9, Article 145 of the Constitution of Kenya says

Author

Civic Scoop
October 05, 2024

Impeaching the President of Kenya is a serious constitutional process outlined in Chapter 9, Article 145 of the Kenyan Constitution.

It is designed to ensure that a sitting President can be held accountable for gross misconduct, violations of the law, or incapacity to perform their duties.

The process involves several key steps, each aimed at ensuring that the impeachment is fair, transparent, and in line with Kenya’s democratic principles.

Let’s break down how the impeachment process works and what it means for the country.

Explanation of Article 145 - Removal of President by Impeachment

Grounds for Impeachment: Why a President Can Be Impeached

Before impeachment proceedings can begin, there must be valid reasons to impeach the President.

According to the Constitution, a President can be impeached on the following grounds:

  • Gross violation of the Constitution or any other law: 
    This includes serious breaches of Kenya’s Constitution or other laws, signaling that the President is not upholding their legal obligations.

  • Serious reasons to believe the President has committed a crime under national or international law: 
    This covers situations where there is credible evidence that the President has been involved in illegal activities either within Kenya or internationally.

  • Gross misconduct: 
    This refers to behavior by the President that is deemed inappropriate for the office, undermines public confidence, or is damaging to Kenya’s reputation.

In other words: Imagine a school principal who consistently breaks school rules, behaves poorly, or commits crimes. In such a case, the school board might decide to remove the principal to protect the school’s integrity. Similarly, the impeachment process exists to protect the integrity of Kenya’s presidency.

Steps in the Impeachment Process: How It Works

The process of impeaching a President in Kenya follows a clear and structured set of steps designed to ensure fairness and transparency. Here’s how it unfolds:

  • Motion Initiation: 
    The process begins when a member of the National Assembly introduces a motion for impeachment.

    To do this, the motion must be supported by at least one-third of all members of the National Assembly. This initial step is critical in ensuring that there is enough support for the motion to be taken seriously.

  • Conducting Public Hearings:

    • The National Assembly organizes public hearings to collect opinions and feedback from constituents about the impeachment motion.

    • These hearings must be meaningful and inclusive, allowing citizens to express their support or opposition to the impeachment.

  • Feedback Incorporation: The feedback collected during public participation is considered by the National Assembly before proceeding with the impeachment vote. This ensures that the decision reflects the will of the people.

  • National Assembly Vote: 
    Once the motion is introduced, the National Assembly votes on whether to proceed with the impeachment.

    If at least two-thirds of the members of the National Assembly support the motion, the Speaker of the Assembly must notify the Speaker of the Senate within two days.

    At this stage, the President remains in office and continues performing duties while the impeachment proceedings continue.

  • Senate Involvement: 
    After receiving the notice from the National Assembly, the Speaker of the Senate has seven days to convene a meeting to discuss the charges against the President.

    The Senate can either debate the charges directly or appoint a special committee to investigate the allegations.

  • Investigation by Special Committee: 
    If a special committee is appointed, it has ten days to investigate the charges and report back to the Senate on whether the allegations are substantiated.

    The investigation ensures that the charges are carefully reviewed and based on credible evidence.

  • Senate Vote on Charges: 
    Once the investigation is complete, the Senate votes on each impeachment charge.

    If two-thirds of the Senate members vote to uphold any of the charges, the President is removed from office immediately.

    However, if the allegations are not substantiated, the proceedings end, and the President remains in office.


In other words: Imagine a sports team where the captain is accused of breaking the team’s code of conduct.

The team first discusses the issue (like the National Assembly), then forms a small group to investigate (like the special committee), and finally votes on whether the captain should stay or be replaced (like the Senate vote).

Additional Grounds for Removal: Incapacity

Beyond misconduct or legal violations, the Constitution also provides a way to remove the President if they are physically or mentally incapable of performing their duties.

In this case, a motion can be moved by a member of the National Assembly, supported by at least a quarter of its members. This triggers an investigation into the President’s capacity to continue in office.

In other words: If a company’s CEO falls seriously ill and can no longer manage the company, the board of directors may consider whether the CEO should step down for the good of the organization.

Similarly, Kenya’s Constitution ensures that a President who is unable to fulfill their responsibilities can be removed in a dignified manner.


Why Impeachment Matters: Ensuring Accountability in Leadership

The impeachment process is not merely a political tool—it is a constitutional safeguard to ensure that the President remains accountable to the people of Kenya.

It protects the nation from potential abuse of power and ensures that the highest office in the land is held to the highest standards.

By following these clear procedures, the impeachment process upholds Kenya’s democratic values and promotes transparency in governance.


Real-Life Example: In countries around the world, impeachment processes have been used to remove leaders who violated laws or engaged in misconduct.

Kenya’s impeachment framework, like that of many democracies, ensures that leaders who fail to serve the public can be held accountable.


In Conclusion…

The process of impeaching the President of Kenya is designed to be thorough, fair, and transparent. By requiring the involvement of both the National Assembly and the Senate, the Constitution ensures that impeachment is a carefully considered action rather than a political move.

This process balances the need to protect the office of the President with the need to hold leaders accountable, safeguarding the democratic principles that underpin Kenya’s governance system.

Have you signed up for the weekly Civic Scoop Newsletter yet? 

Each weekly issue has an interesting yet factually described Chapter and Article of the Constitution of Kenya 2010.

It’s your chance to stay informed and get empowered in your democracy as a citizen of Kenya.

Sign up here today, its FREE!