The impeachment of a County Governor in Kenya follows a constitutional and legal process established in the Constitution, the County Governments Act, and the Standing Orders of the County Assemblies and the Senate.
Grounds for the Removal of a County Governor
According to Article 181 of the Constitution, a County Governor may be removed on the following grounds:
✔ Gross violation of the Constitution or any other law
✔ Commission of a crime under national or international law
✔ Abuse of office or gross misconduct
✔ Physical or mental incapacity to perform the functions of the office
The County Governments Act and Senate Standing Orders provide the specific procedure to be followed when impeaching a governor.
Procedure to Impeach a County Governor
Step 1: Motion in the County Assembly
✔ A Member of the County Assembly (MCA) moves a motion to impeach the governor, citing one or more of the grounds in Article 181.
✔ The motion must be supported by at least two-thirds (⅔) of the MCAs for it to proceed.
✔ If the motion passes, the County Assembly Speaker notifies the Senate Speaker within two days of the resolution.
✔ The governor continues to serve until the Senate determines the outcome.
Step 2: Senate Investigations
✔ The Senate Speaker convenes a sitting within seven days of receiving the impeachment resolution.
✔ The Senate may:
- Appoint an 11-member Special Committee to investigate the allegations.
- Proceed as a full House to hear the charges.
✔ The committee investigates and submits a report within 10 days on whether the charges are substantiated.
Step 3: Senate Voting on Impeachment
✔ If the committee finds no proof, the process stops, and the governor remains in office.
✔ If the committee finds proof of the charges, the Senate votes on the impeachment.
✔ If a majority of county delegations vote in favor, the governor is removed from office immediately.
✔ If the vote fails, the governor remains in office, and a fresh impeachment motion can only be introduced after three months.
Filling a Vacancy After Impeachment
✔ If the Senate removes the governor, the Deputy Governor assumes office and serves for the remainder of the term.
✔ If the Deputy Governor position is vacant, the County Assembly Speaker assumes office temporarily, and a new election is held within 60 days.
✔ If the Senate rejects the impeachment, the governor resumes office, and no vacancy occurs.
Key Takeaways
✔ Impeachment starts in the County Assembly and ends in the Senate.
✔ The governor can defend themselves before the Senate.
✔ A Deputy Governor automatically takes over if the impeachment is successful.
✔ Fresh elections are held only if both the Governor and Deputy Governor are removed.
