COVER STORY

Here is what it takes to impeach a President

Acting President Uhuru Kenyatta and Nasa Leader Raila Odinga

President Uhuru Kenyatta while addressing leaders drawn from Ukambani region hinted that even if NASA’s presidential candidate won, they would easily impeach Raila Odinga thanks to ‘tyranny of numbers’ both in the Parliament and Senate Houses.

“Today, even if Raila is elected (president), tell me how will he govern the country? How? Jubilee has 41 senators, both elected and nominated. We can do business in the Senate without a single member of NASA present,” said the President

He went on to say the Jubilee could easily change their country’s constitution with their numbers in both Houses, this being done without any NASA member involved.

Wetang’ula argues that President Uhuru Kenyatta has no moral authority or capacity to think about impeachment.

Such an impeachment motion can only push through if it is supported by two-thirds majority in the National assembly. It is then forwarded to the Senate which will then appoint a committee to investigate the issue.

An impeachment charge will only be upheld of the committee is convinced that the allegations have a basis.

Steps to impeaching a sitting President in Kenya

  • The impeachment motion is moved by a Member of Parliament, supported by at least a third of all the members (116)
  • Supported by at least two-thirds of National assembly Members of Parliament (233), the motion is then referred to the Senate.
  • The Senate, in response to reception of the motion, appoints an 11-member special committee to carry out investigations. If there is no thick basis found to uphold the impeachment, the sitting president is off the hook.
  • If a basis is found to carry on with the impeachment, a vote is carried out – The vote requires at least two-thirds of all the members of the Senate for the President to vacate office.
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