Process of Impeaching the President of Kenya


It’s possible to impeach a president in Kenya through a legal process, that’s if you can’t overthrow him. The process is long, tedious and tiresome—almost impossible to do so especially considering the president can influence shooting down of the motion. There are two houses that are mandated with tackling the impeachment motion: the Senate and National Assembly.

If you want President Uhuru Kenyatta or any other president to be impeached in future, this is the legal process to be followed:

(1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President–

(a) on the ground of a gross violation of a provision of this Constitution or of any other law;
(b) where there are serious reasons for believing that the President has committed a crime under national or international law; or
(c) for gross misconduct.

(2) If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly —

(a) the Speaker shall inform the Speaker of the Senate of that resolution within two days; and
(b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

(3) Within seven days after receiving notice of a resolution from the Speaker of the National Assembly–

(a) the Speaker of the Senate shall convene a meeting of the senate to hear charges against the President; and
(b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.

(4) A special committee appointed under clause (3) (b) shall —

(a) investigate the matter; and
(b) report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.

(5) The President shall have the right to appear and be represented before the special committee during its investigations.
(6) If the special committee reports that the particulars of any allegation against the President –

(a) have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or
(b) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.

(7) 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.

At the moment, the president has majority support in the Senate and National Assembly, to impeach him would be next to impossible.However,if he falls out with Ruto and Raila resolves to join hands with the DP,Uhuru will easily be impeached.