This Is How To Impeach President Uhuru Kenyatta

There is noise all over the country. Most people are blaming the government of President Uhuru Muigai Kenyatta for the economic woes that have befallen the country.

Ironically, the majority of those wailing the most are Members of Parliament affiliated to the ruling party, Jubilee who are blaming President Uhuru Kenyatta for being a dictator and a non-performer.

Things are seemingly thick within the Jubilee party with the President and his Deputy going on separate ways despite them trying hard to display unity in public.

Members of Parliament who are loudly crying about President Uhuru Kenyatta seem to be aloof of what the Constitution of Kenya talks about the President and how he can be impeached. You don’t like Uhuru Kenyatta? Why not impeach him?

Article 145 (1) of the Constitution of Kenya clearly stipulates the grounds on which the President of the Republic of Kenya can be impeached.

A Member of the National Assembly, supported by at least a third of all members, may move a motion for the impeachment of the President – (a) on the ground of 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.

Article 145 (2) says if a motion under clause 1 is supported by at least two-thirds of all the members of the National Assembly, then –

(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.

Article 145 (3) says that 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 of eleven of its members to investigate the matter.

Article 145 (4) the Special Committee appointed by the senate 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.

Article 145 (5) says that the President shall have the right to appear and be represented before the special committee during its investigations.

Article 145 (6) states that 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 the allegations, or (b) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.

Article 145 (7) says that if at least two-thirds of all members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.

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