Article 181(2) of the Constitution of Kenya mandates Parliament to enact legislation outlining the procedure for removing a county governor on specified grounds. These grounds include gross violation of the Constitution or any other law, suspicion of criminal activity under national or international law, abuse of office or gross misconduct, and physical or mental incapacity to perform duties. These provisions also apply to the removal of deputy governors. However, concerns have emerged regarding the competence of Senators in serving as a jury during governor impeachment trials. Critics argue that the proceedings lack fairness, thorough document scrutiny, and a standardized procedural framework, particularly at the county assembly level. Issues such as disregard for due process, lack of transparency, manipulation of voting numbers, and insufficient time for governors to defend themselves have been raised. These challenges have created friction between the legislature and the judiciary, particularly around the standard of proof required for impeachment and ensuring transparency and fairness.
Impeachment proceedings in Kenya, as conducted by county assemblies and the Senate, often fail to meet the constitutional and legal standards set forth in Article 181. These processes are intended as a last resort accountability measure, not an oversight tool to settle political disputes or arbitrarily remove governors from office. When used properly, impeachment should uphold the integrity of the Senate and reflect the gravity of the charges involved.
To address these shortcomings, the Kenya Devolution Programme (KDP) – Timiza Ugatuzi, implemented by Act Change Transform (ACT), has provided technical assistance to the Senate. Through working sessions, the Senate has developed key documents to standardize impeachment procedures:
- Impeachment of County Governors and Deputy County Governors – A Digest of the Law and Practice: This digest consolidates legal jurisprudence and practices regarding impeachment. It serves as a valuable reference for senators, county assembly members, and other stakeholders interested in the legal framework guiding the impeachment of governors and their deputies. The document helps clarify the process and ensures that proceedings adhere to constitutional principles.
- Impeachment of County Governors – An Easy-to-Use Manual on Procedures and Rules: This manual simplifies the impeachment process for county governors and deputy governors. It provides a step-by-step guide, breaking down the constitutional and legal requirements involved in the removal process. This guide helps stakeholders, including the Senate and county assemblies, understand the complexities of impeachment, ensuring consistency and fairness in proceedings.
These resources aim to address the procedural gaps and promote transparency, fairness, and due process in governor impeachment proceedings. By providing clear guidelines, they also seek to reduce political manipulation and uphold the rule of law in the accountability processes at the county level.
