Let’s Talk About Impeachment

Yesterday, we witnessed the first step of the Deputy President Rigathi Gachagua’s impeachment process, here’s what you need to know about the impeachment process in Kenya:

Impeachment is a critical constitutional process vested on the Constitution of Kenya. It is designed to remove public officials from office due to misconduct, serving as a crucial accountability mechanism in Kenya’s democratic system. This process applies to various officials, including

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the President, Deputy President, Governors, and other senior government officers.

The constitutional process of impeachment in Kenya is multi-stepped and rigorous. It begins in the relevant legislative body – the National Assembly for national officials or the County Assembly for county officials. The grounds for impeachment include gross violation of the Constitution, serious reasons to believe the official has committed a crime under national or international law, or gross misconduct. The motion must be supported by at least two-thirds of the members of the respective assembly. If passed, the matter moves to the Senate for a hearing and final vote, which can either uphold the impeachment, leading to the official’s impeachment or reject it.

In 2020, two governors faced impeachment: Ferdinand Waititu of Kiambu County and Mike Sonko of Nairobi County, both accused of gross misconduct and abuse of office. A more recent and significant case is that of Kericho Governor Eric Mutai impeached today on grounds of abuse of office, misuse of public resources and gross violation of the constitution. Significantly, Meru Governor Kawira Mwangaza, who was removed from office in August, 2024 after two other failed attempts. Notably though, the Meru Governor challenged the decision of the Senate to impeach her in the High Court and the Judge restrained the Senate Speaker from publishing a notice in the Kenya Gazette to the effect that there was a declaration of vacancy in the office of the County Government of Meru pending hearing and determination of the matter by the Court.

However, not all impeachment processes reach completion. In 2014, an impeachment process was initiated against Martin Wambora, the former Governor of Embu County. He survived an impeachment process twice after the Courts overturned the Senate’s decisions both times. Another notable case occurred in 2018 when Beatrice Elachi, the former Nairobi County Assembly Speaker, was impeached but later reinstated following a court order.

While impeachment is a vital tool for maintaining accountability in government, it is important to recognize that it can sometimes be used as a political distraction. As Kenyans, we must stay informed about these processes while also remaining focused on other pressing national issues such as the ongoing SHA transition, ADANI and other significant matters affecting our daily lives. Let’s approach these political processes thoughtfully, ensuring they don’t divert our attention from the core issues that need addressing in our society. The impeachment process, while crucial for governmental accountability, should not overshadow the ongoing work needed to address serious issues facing our nation.

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