The Kenyan Constitution provides for the removal of the President through two key processes:
- Impeachment (Article 145)
- Removal on grounds of incapacity (Article 144)
Both the National Assembly and the Senate play crucial roles in the process.
📌 1. The Impeachment Process (Article 145)
A Member of the National Assembly may move a motion for impeachment based on the following grounds:
✅ Gross violation of the Constitution or any other law.
✅ Serious reasons to believe the President has committed a crime under national or international law.
✅ Gross misconduct that brings the presidency into disrepute.
🔹 Steps to Impeach the President
1️⃣ Filing the Motion
- A Member of Parliament (MP) moves a motion for impeachment.
- The motion must be supported by at least one-third of all members of the National Assembly.
2️⃣ National Assembly Vote
- MPs debate and vote on the motion.
- If two-thirds (⅔) of all MPs support the motion, the Speaker of the National Assembly informs the Speaker of the Senate within two days.
3️⃣ Senate Proceedings
- Within seven days, the Senate Speaker convenes a session to hear the charges.
- The Senate may appoint an 11-member Special Committee to investigate the charges.
4️⃣ Investigation by the Special Committee
- The committee conducts investigations and reports its findings to the Senate within 10 days.
- The President has the right to appear and defend themselves before the committee.
5️⃣ Senate Vote
- If the committee finds the charges unsubstantiated, the process ends, and the President continues in office.
- If the committee confirms the charges, the Senate votes on impeachment.
- If two-thirds (⅔) of Senators vote to uphold any charge, the President is impeached and ceases to hold office.
6️⃣ Swearing-in of Deputy President
- If the President is impeached, the Deputy President is sworn in as President for the remainder of the term.
📌 2. Removal on Grounds of Incapacity (Article 144)
A Member of the National Assembly may move a motion to investigate the President’s physical or mental incapacity to perform official duties.
🔹 Steps to Remove the President on Incapacity Grounds
1️⃣ Filing the Motion
- An MP moves the motion, supported by at least a quarter (¼) of all MPs.
2️⃣ National Assembly Vote
- If a majority of MPs approve the motion, the Speaker of the National Assembly informs the Chief Justice within two days.
3️⃣ Formation of a Medical Tribunal
- Within seven days, the Chief Justice appoints a tribunal to assess the President’s health.
- The tribunal consists of:
- 3 medical experts nominated by Kenya’s medical regulatory body.
- 1 advocate of the High Court.
- 1 person nominated by the President (or a close relative if the President is unable to nominate).
4️⃣ Tribunal Investigation
- The tribunal examines the President and reports its findings within 14 days.
- The Speaker of the National Assembly tables the report before Parliament.
5️⃣ Final Vote by National Assembly
- If the tribunal finds the President incapable of serving, the National Assembly votes on whether to ratify the report.
- If a majority of MPs vote in favor, the President ceases to hold office.
6️⃣ Deputy President Takes Over
- If the President is removed, the Deputy President assumes office as President.
📌 3. Key Takeaways
✅ Impeachment requires a two-thirds (⅔) vote in both the National Assembly and the Senate.
✅ Removal on incapacity grounds requires a tribunal’s medical assessment and a majority vote in the National Assembly.
✅ If removed, the Deputy President is sworn in as President.
These provisions ensure accountability and stability in Kenya’s governance system.
