Deputy gov­er­nors can face re­moval if Se­nate passes law

It is dif­fi­cult to impeach a deputy gov­er­nor be­cause the County Gov­ern­ments Act has con­tains the pro­vi­sion while the Con­sti­tu­tion does not, says Se­na­tor Karue

The Star (Kenya) - - Politics Parliament - SA­MUEL KISIKA @Kisikasam

Deputy gov­er­nors will no longer be im­mune from im­peach­ment by MCAs if the Se­nate passes a bill to ex­pand sack­ing pow­ers.

The Im­peach­ment Pro­ce­dure Bill, 2016, pro­vides a frame­work for re­mov­ing pub­lic of­fi­cers, in­clud­ing the Pres­i­dent, DP, Cab­i­net sec­re­taries, gov­er­nors, deputy gov­er­nors and mem­bers of county ex­ec­u­tives.

Deputy gov­er­nors have been un­touch­able, due to loop­holes in the Con­sti­tu­tion.

A mo­tion seek­ing the re­moval of a deputy gov­er­nor sup­ported by at least a third of MCAs shall be pre­sented in the as­sem­bly for de­bate ,then re­ferred to Se­nate after ap­proval. The gap in law spar­ing deputy gov­er­nors has kept them safe.

“This pro­posal is partly in­formed by chal­lenges iden­ti­fied from the sev­eral pro­ceed­ings for the re­moval of a gov­er­nor and a deputy gov­er­nor that the Se­nate has con­ducted. [And by] the court pro­ceed­ings to which some of the im­peach­ment pro­ceed­ings have been sub­jected,” reads the Bill.

It is spon­sored by Nyan­darua Se­na­tor Muriuki Karue.

He says it is dif­fi­cult to impeach a deputy gov­er­nor be­cause the County Gov­ern­ments Act con­tains a provi- sion for re­moval but the Con­sti­tu­tion does not.

“Should the MCAs for­ward the name of a gov­er­nor or deputy gov­er­nor to us [Se­nate] for im­peach­ment, he ac­tu­ally goes home if we con­cur. This is­sue of go­ing to court for one or two years should end,” Karue said.

The Bill head­ing for a sec­ond reading pro­poses ap­pli­ca­tion to deputy gov­er­nors of the same con­stiu­tional and Stand­ing Or­der pro­vi­sions used to re­move gov­er­nors.

Ar­ti­cle 181 of the Con­sti­tu­tion says a gov­er­nor can be re­moved on grounds of gross vi­o­la­tion of the con­sti­tu­tion, com­mit­ting a crime, abuse of of­fice or gross mis­con­duct and phys­i­cal or men­tal in­ca­pac­ity.


Deputy Pres­i­dent Wil­liam Ruto chats with Kisumu Deputy Gov­er­nor Ruth Odinga (2nd right) dur­ing the Deputy Gov­er­nors Lead­er­ship Con­fer­ence in Naivasha on Janaury 29

Newspapers in English

Newspapers from Kenya

© PressReader. All rights reserved.