What The Kenyan Constitution Says About Removing The President From Office
Following weeks of anti government protests in Kenya, many of the protesters who are dissatisfied with how President Ruto has handled the situation are now demanding that he be removed from Office.
The Kenyan Constitution provides specific procedures for removing a sitting President from office. This is how impeachment works according to the Constitution.
The President can be removed from office on the following grounds:
- Gross violation of the Constitution or any other law
- Commission of a crime under national or international law.
- Gross misconduct.
The procedure for impeachment is as follows:
- Initiation of the Process: A member of the National Assembly may propose a motion for the removal of the President. The motion must be supported by at least one third of all the members of the National Assembly.
- Consideration by the National Assembly: If the motion gets support by a majority of all the members of the National Assembly, then the Speaker will inform the Speaker of the Senate of the resolution within two days.
- Investigation by the Senate: Within seven days of receiving the notice from the Speaker of the National Assembly, the Senate Speaker shall convene a meeting of the Senate to hear the charges against the President. A special committee of eleven Senate members shall be appointed to investigate the matter.
- Special Committee Proceedings: The Special Committee shall investigate the matter and report back to the Senate within ten days. The President has the right to appear before the Committee or/and be represented during its investigations.
- Senate Plenary: The Senate shall after receiving the report from the Special Committee, consider the report and then vote on the charges against the President.
- Final Decision: If at least two thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.
This process involves both houses of Parliament and requires a high threshold of support at various stages. The two thirds majority required in the Senate for the final vote is particularly significant, as it is designed to ensure that the removal from office has broad support across the political divide.
The process also includes provisions for due process, allowing the President the right to defend himself/herself before the Special Committee. This reflects the principle of natural justice and the presumption of innocence until proven guilty.
The physical or mental incapacity of the President is another way the Kenyan Constitution allows for the removal of the sitting Head of State. Article 144 addresses this situation as follows:
- If the President becomes temporarily incapacitated, the Deputy President will act as President.
- If both the President and Deputy President are temporarily incapacitated, the Speaker of the National Assembly will act as President.
- If the President is unable to perform the functions of the Office due to physical or mental incapacity, then any Member of the National Assembly can move a motion requiring an investigation of the President’s physical or mental ability to perform the functions of the office.
- If the motion is supported by a majority of all the Members of the National Assembly, then the Speaker will inform the Chief Justice. The Chief Justice will appoint a tribunal which includes qualified medical practitioners to inquire into the matter.
- If the tribunal determines that the President is indeed incapacitated, then the National Assembly will vote on whether or not they will ratify this finding.
- If more than two-thirds of the members ratify the tribunal’s report, then the President will cease to hold office.
So the physical or mental incapacity of the President can lead to their removal from office. It is a separate and distinct process from impeachment. This process involves medical evaluation and parliamentary approval. Impeachment involves misconduct or constitutional violations by the President.