How to Remove or Impeach the Deputy President in Kenya

The Kenyan Constitution provides a structured process for removing or impeaching the Deputy President. This process is mainly handled by the National Assembly and the Senate, with oversight from the Chief Justice in cases of incapacity.

📌 1. Impeachment Process of the Deputy President

Step 1: Motion in the National Assembly

🔹 A Member of the National Assembly moves a motion to impeach the Deputy President.
🔹 The motion must be supported by at least one-third (1/3) of the Members of the National Assembly.
🔹 Grounds for impeachment:

• Gross violation of the Constitution or any law.
• Commission of a crime under national or international law.
• Gross misconduct or abuse of office.

Step 2: Approval by the National Assembly

🔹 If at least two-thirds (2/3) of the Members of the National Assembly support the motion, it moves to the Senate.
🔹 The Speaker of the National Assembly informs the Speaker of the Senate within two days.
🔹 The Deputy President continues to hold office until the Senate makes a final decision.

Step 3: Senate Investigation

🔹 The Speaker of the Senate convenes a meeting within seven days to consider the impeachment charges.
🔹 The Senate may appoint an 11-member special committee to investigate the charges.
🔹 The committee reports within 10 days, stating whether the charges are substantiated.

Step 4: Senate Decision

✅ If the committee finds the charges unsubstantiated: No further proceedings take place, and the Deputy President remains in office.
✅ If the committee finds the charges substantiated:

• The Senate holds a vote on each impeachment charge.
• If at least two-thirds (2/3) of all Senators vote in favor, the Deputy President is removed from office.

📌 2. Removal of the Deputy President on Grounds of Incapacity

Step 1: Motion in the National Assembly

🔹 A Member of the National Assembly moves a motion questioning the physical or mental capacity of the Deputy President.
🔹 The motion must be supported by at least one-quarter (1/4) of all Members of the National Assembly.

Step 2: Investigation by a Tribunal

🔹 If a majority of MPs support the motion, the Speaker of the National Assembly informs the Chief Justice within two days.
🔹 The Chief Justice appoints a tribunal within seven days, consisting of:

• Three medical experts (nominated by the medical practitioners’ board).
• One advocate (nominated by the advocates’ regulatory body).
• One nominee of the Deputy President (or a close family member if the DP cannot nominate).

Step 3: Tribunal Findings

🔹 The tribunal investigates and submits a final report within 14 days.
🔹 The report is tabled before the National Assembly within 7 days.

Step 4: National Assembly Vote

✅ If the tribunal finds the DP capable: No further proceedings, and the Deputy President remains in office.
✅ If the tribunal finds the DP incapable:

• The National Assembly votes to ratify the report.
• If a majority of MPs vote in favor, the Deputy President is removed.

📌 3. What Happens If a Deputy President is Removed?

🔹 The President nominates a new Deputy President.
🔹 The nomination must be approved by the National Assembly.

🛑 The President cannot fire the Deputy President because they were elected on a joint ticket.

📌 Summary Table: Impeachment & Removal of Deputy President

📌 Conclusion

The impeachment or removal of the Deputy President in Kenya follows a rigorous legal process requiring parliamentary approval and investigations. The President cannot fire the Deputy President, making the position constitutionally protected unless removed through impeachment or incapacity grounds.