The National Assembly during a past session.
After intense lobbying among legislators, the focus now shifts to the National Assembly, the originating chamber in the impeachment process of Deputy President Rigathi Gachagua.
Guided by the particulars of the grounds for impeachment set out in Article 150 of the Constitution and Standing Orders 65 of the Sixth Edition, the process is quite elaborate.
According to the Standing Orders, after collecting the signatures of one-third of the members (116) in support of the special motion, the mover will seek the approval of Speaker Moses Wetang'ula and the endorsement of the House Business Committee (HBC) to issue the notice and schedule it on the Order Paper.
The procedure for the removal of the DP gets life, where an MP proposes the removal on the grounds of physical or mental incapacity as defined in Article 150(1)(a) of the Constitution, Standing Order 63 (Procedure for removal of President on grounds of incapacity) will apply with necessary modifications.
In the case of DP Gachagua, the Kenya Kwanza MPs are taking the impeachment route, with modifications to that of the President as provided for in Article 145 of the Constitution and Standing Order 64.
Article 150 of the Constitution on the removal of the DP states: “The Deputy President may be removed from office-on the ground of physical or mental incapacity to perform the functions of the office; or on impeachment.”
The statutory grounds include gross violation of any provision of this Constitution or any other law, where there are serious reasons for believing that the Deputy President has committed a crime under national or international law, or gross misconduct.
“The provisions of Articles 144 and 145 relating to the removal of the President shall apply, with the necessary modifications, to the removal of the Deputy President,” reads the Article.
The DP will continue to perform the functions of the office pending the outcome of the proceedings.
The impeachment process starts with the notice of motion, where a Member delivers a copy of the proposed motion in writing to the Clerk.
In this case, the sponsor or mover states the grounds and particulars in terms of Article 150 of the Constitution on which the proposed motion is made, signed by the Member and signed in support by at least a third of all the Members.
The grounds specified in a motion as per the House Standing Order shall be admissible if—framed clearly to particularise and disclose a gross violation of the Constitution or other written law is indicated as a ground for the intended removal, stating with precision the provisions of the Constitution or other written law that are alleged to have been grossly violated, is indicated as a ground for the intended removal and accompanied by necessary evidence, including annexures or sworn testimonies in respect of the allegations.
A special motion of this nature, shall be disposed of by the Speaker in accordance with Standing Order 47 (Notices of Motions) within three days of receipt of notice by a Member and by the Assembly within seven days of a Member giving notice under Standing Order 47 (Notices of Motions) and if not, such a Motion shall be deemed to have been withdrawn and shall not be moved again in the same Session, except with the leave of the Speaker.
If the National Assembly is not in session, the Speaker shall summon the Assembly for a special sitting to dispose of the motion.
An Order Paper on which the motion is listed shall set out the grounds and particulars upon which the proposal is made, the name of the member sponsoring the motion and the names of the members supporting the motion.
Upon receipt of the motion by the Clerk any signature appended to the list shall not be withdrawn.
When the motion has been passed by two thirds (233) of all members of the National Assembly, the Speaker shall inform the Speaker of the Senate of that resolution within two days.
Once the National Assembly speaker forwards the House resolutions to his Senate counterpart, senators will seek to substantiate the charges or reject them as per Standing Order 79.
“Upon receipt of a resolution of the National Assembly on removal of the Deputy President in terms of Article 150 (1) (b) of the Constitution, Standing Order 78 (Procedure for removal of President by impeachment) shall, with necessary modifications, apply,” said the Standing Order.
The Senate Speaker shall convene a meeting of the Senate within seven days to hear the charges against the DP, and the Senate, by resolution, may appoint a Special Committee comprising 11 of its members to investigate the matter.
“The Special Committee appointed under Article 145(3)(b) of the Constitution shall—(a) investigate the matter; and (b) report to the Senate within 10 days whether it finds the particulars of the allegations against the President to have been substantiated,” reads Standing Order 78.
“Members of the Special Committee shall take an Oath or Affirmation, as may be prescribed by the Speaker, submitting that they will perform their duties honestly and with due diligence. The President (in this case DP) shall have the right to appear and be represented before the Special Committee during its investigations.”
The Special Committee may hear representations from the member who moved the motion in the National Assembly and other members of the National Assembly.
“If the Special Committee reports that the particulars of any allegation against the President (DP)—have not been substantiated, further proceedings shall not be taken…in respect of that allegation; or have been substantiated, the Senate shall, after according the DP an opportunity to be heard, vote on the impeachment charges.”
Also, “The Senate shall vote on each impeachment charge of the Motion. (8) If at least two-thirds of all the Senators vote to uphold any impeachment charge, the President shall cease to hold office. The Senate or a Special Committee of the Senate shall conduct the investigation into the matter in accordance with the rules of procedure prescribed under the Second Schedule to these Standing Orders.”
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the DP shall cease to hold office.
