The removal or impeachment of a deputy governor follows a legal process similar to that of impeaching a county governor, with necessary modifications. The Senate plays a crucial role in the final decision.
1. Grounds for the Removal of a Deputy Governor
According to Article 181 of the Kenyan Constitution, a deputy governor can be impeached on the following grounds:
✔ Gross violation of the Constitution or any other law.
✔ Criminal charges – If the deputy governor is suspected of committing a national or international crime.
✔ Abuse of office or gross misconduct.
✔ Physical or mental incapacity to perform official duties.
2. Step-by-Step Impeachment Process
The impeachment process follows these five key steps:
Step 1: Motion in the County Assembly
✔ A Member of the County Assembly (MCA) initiates an impeachment motion.
✔ The MCA must cite specific charges based on Article 181 of the Constitution.
✔ The motion must be supported by at least two-thirds (2/3) of the County Assembly members.
✔ If the motion is successful, the Speaker of the County Assembly notifies the Senate Speaker within two days.
📌 Important: The deputy governor continues to serve until the impeachment process is finalized.
Step 2: Senate Intervention
✔ The Senate Speaker convenes a Senate sitting to hear the impeachment charges.
✔ The Senate appoints an 11-member Special Committee to investigate the allegations.
✔ This must happen within 7 days of receiving the impeachment notice from the County Assembly.
Step 3: Investigation by Senate Committee
✔ The Special Committee investigates the allegations and submits a report within 10 days.
✔ The deputy governor has the right to appear and be represented before the committee.
✔ The committee finds either:
- ✅ No proof of misconduct – The impeachment process ends immediately (the deputy governor remains in office).
- ❌ Sufficient proof of misconduct – The Senate votes on impeachment.
Step 4: Senate Vote on Impeachment
✔ If the committee finds sufficient proof, the full Senate votes on the impeachment.
✔ If the majority of Senate delegations support impeachment, the deputy governor is removed from office.
✔ If the Senate rejects the charges, the deputy governor remains in office, and the Senate notifies the County Assembly.
📌 Note: If impeachment fails, new charges can only be brought after three months.
3. What Happens After Impeachment?
If the Senate removes the deputy governor, a vacancy occurs, and the county must appoint a replacement.
✔ Within 14 days – The governor nominates a new deputy governor.
✔ Within 60 days – The County Assembly votes to approve or reject the nominee.
Special Case: If both the governor and deputy governor are removed simultaneously, the deputy governor’s office remains vacant until a new governor is elected. The new governor must appoint a deputy within 14 days after assuming office.
🔹 Final Takeaway
💡 The impeachment process for a deputy governor is rigorous and must follow constitutional and legal procedures. The County Assembly initiates the process, while the Senate has the final say on whether the deputy governor is removed or remains in office.
