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
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