A new Bill before the Senate could drastically alter the way county governors are impeached, potentially making it significantly harder for Members of County Assemblies (MCAs) to oust their leaders.....CLICK HERE TO READ THE FULL ARTICLE>>>
The County Governments (State Officers’ Removal from Office) Procedure Bill, 2024, sponsored by Kiambu Senator Karungo Thang’wa, seeks to impose stringent rules that would ensure a failed impeachment attempt cannot be revisited for at least six months.
This proposed law comes at a time of intense political pressure in several counties. Meru Governor Kawira Mwangaza, who was impeached for the third time on Thursday, is one of the latest targets of these impeachment efforts. There is growing unease in other counties such as Bomet, Nandi, and Nyamira, where governors might also face similar threats.
The Bill stipulates that after an impeachment attempt fails, no subsequent motion can be introduced for at least 90 days. Furthermore, any new motion must be based on entirely different grounds from the previous attempt. The legislation also introduces a comprehensive legal framework for the removal of governors, deputy governors, county executives, county secretaries, and county assembly speakers.
Senator Thang’wa explained the rationale behind the Bill, saying, “The current framework under the County Governments Act, 2012, is not sufficient. We need a robust legal structure to ensure that the process of removing a governor or other county officials is thorough and fair.”
The Bill’s provisions come at a critical time for Meru’s embattled governor, who has now faced five impeachment attempts in two years. Mwangaza’s challenges began less than four months into her tenure, sparking debates over the stability and governance of county leadership.
Under the proposed law, any impeachment motion must first secure the signatures of at least one-third of the county assembly members. Only then can the motion be sent to the clerk, who is required to confirm its validity before forwarding it to the assembly speaker. If the motion garners support from at least two-thirds of the assembly members, the speaker must inform the Senate within three days.
The Senate’s role in this process is also strengthened. If the Senate Speaker verifies that the county assembly has followed the correct procedure, the Senate will form a special committee to investigate the charges. Should the Senate’s county delegations vote in favour of the impeachment, the governor would be immediately removed from office.
Beyond gross misconduct or violation of the Constitution, the Bill also introduces new grounds for impeachment, such as mental incapacity. In such cases, an MCA would need to secure a simple majority to initiate the removal process. If successful, the assembly speaker would then request the Chief Justice to form a tribunal to assess the governor’s mental or physical capacity to perform their duties.
The tribunal, as outlined in the Bill, would include a chairperson nominated by the Law Society of Kenya, three medical practitioners selected by the Kenya Medical Practitioners and Dentists Council, and one representative from the Council of County Governors. This panel would have 30 days to report its findings to the Chief Justice and the assembly speaker.
“The findings of the tribunal shall be final and binding,” the Bill states. If the tribunal concludes that the governor is fit to continue in office, the speaker must announce this decision in the county assembly.
As the Bill undergoes public participation and further scrutiny in the Senate, it has sparked widespread debate. Some argue it will bring much-needed stability to county governments, while others fear it could protect underperforming or controversial governors from accountability...CONTINUE READING>>
