Process to Impeach a Cabinet Secretary in Kenya

Article 152 of the Kenyan Constitution outlines the process for nominating, appointing, and removing Cabinet Secretaries.

Grounds for the Removal of a Cabinet Secretary

A Cabinet Secretary may be removed based on the following grounds:

1. Gross violation of the Constitution or any other law.
2. Serious reasons to believe that the Cabinet Secretary has committed a crime under national or international law.
3. Gross misconduct.

Steps in the Impeachment Process

1. Initiating the Impeachment Motion

• Any Member of the National Assembly can propose a motion for the removal of a Cabinet Secretary.
• The motion must be supported by at least one-quarter of all members of the National Assembly.

2. Select Committee Investigation

• If at least one-third of the National Assembly supports the motion, the Assembly forms a select committee with 11 members to investigate the allegations.
• The select committee must report back to the National Assembly within 10 days.

3. Cabinet Secretary’s Right to Defend Themselves

• The Cabinet Secretary has the right to appear and be represented before the select committee.

4. Committee Findings and National Assembly Vote

• If the committee finds the allegations unsubstantiated, the process is terminated, and no further action is taken.
• If the committee finds the allegations substantiated, the National Assembly:
  • Gives the Cabinet Secretary a chance to defend themselves.
  • Votes on the resolution for dismissal.

5. Approval of Dismissal and Presidential Action

• If a majority of National Assembly members vote in favor of dismissal:
  • The Speaker delivers the resolution to the President.
  • The President dismisses the Cabinet Secretary.

If the allegations are unsubstantiated, the Cabinet Secretary remains in office.

Article 152 of the Kenyan Constitution outlines the process for nominating, appointing, and removing Cabinet Secretaries.

Grounds for the Removal of a Cabinet Secretary

A Cabinet Secretary may be removed based on the following grounds:

1. Gross violation of the Constitution or any other law.
2. Serious reasons to believe that the Cabinet Secretary has committed a crime under national or international law.
3. Gross misconduct.

Steps in the Impeachment Process

1. Initiating the Impeachment Motion

• Any Member of the National Assembly can propose a motion for the removal of a Cabinet Secretary.
• The motion must be supported by at least one-quarter of all members of the National Assembly.

2. Select Committee Investigation

• If at least one-third of the National Assembly supports the motion, the Assembly forms a select committee with 11 members to investigate the allegations.
• The select committee must report back to the National Assembly within 10 days.

3. Cabinet Secretary’s Right to Defend Themselves

• The Cabinet Secretary has the right to appear and be represented before the select committee.

4. Committee Findings and National Assembly Vote

• If the committee finds the allegations unsubstantiated, the process is terminated, and no further action is taken.
• If the committee finds the allegations substantiated, the National Assembly:
  • Gives the Cabinet Secretary a chance to defend themselves.
  • Votes on the resolution for dismissal.

5. Approval of Dismissal and Presidential Action

• If a majority of National Assembly members vote in favor of dismissal:
  • The Speaker delivers the resolution to the President.
  • The President dismisses the Cabinet Secretary.

If the allegations are unsubstantiated, the Cabinet Secretary remains in office.