The Constitution of Kenya and various Acts of Parliament outline the process of impeachment for certain State Officers. These laws define the grounds for removal and the procedure for filling vacancies after impeachment.
The National Government and County Governments have legislative arms responsible for conducting impeachment proceedings.
State Officers Who Can Be Impeached in Kenya
The following State Officers can be impeached under Kenyan law:
- The President
- The Deputy President
- Cabinet Secretaries
- County Governors
- Deputy County Governors
- County Executive Committee Members
1. The President
The National Assembly and Senate have the power to impeach the President.
- One of the key functions of the Senate is to handle impeachment resolutions against the President.
- The Senate Standing Orders further outline the procedure for removal and impeachment.
2. The Deputy President
The National Assembly and Senate also have the power to impeach the Deputy President.
- The Senate plays a crucial role in determining any resolution for the removal of the Deputy President.
- The process of impeachment follows a similar procedure to that of the President.
3. Cabinet Secretaries
According to Article 152 of the Constitution, Cabinet Secretaries are:
- Nominated and appointed by the President
- Approved by the National Assembly
Under Article 152(6), a member of the National Assembly, supported by at least one-quarter of all Members, may propose a motion requiring the President to dismiss a Cabinet Secretary.
4. County Governors
The impeachment of County Governors is governed by:
- The Constitution
- The County Governments Act
- The Standing Orders of County Assemblies and the Senate
Parliament has the mandate to enact laws detailing the impeachment process for Governors.
5. Deputy County Governors
The impeachment procedure for a Deputy County Governor follows the same process as that of a County Governor, with necessary modifications.
- The Senate is responsible for handling impeachment proceedings against a Deputy Governor.
6. County Executive Committee Members
Members of the County Executive Committee (CEC) can also face impeachment under relevant laws governing county governments.
For more details, refer to the Constitution of Kenya and the County Governments Act.