Governors will not be allowed to hold office longer than six months after an impeachment is upheld by Senators, even as they await a court's verdict on their appeal, should a proposal by the electoral body be adopted by Parliament.
Appearing before the Senate committee on Justice and Legal Affairs on Monday, the Independent Electoral and Boundaries Commission (IEBC) proposed that cases filed in court by impeached governors be dealt with within six months, the same time period as election petitions.
Led by Ms Ruth Kavuo from IEBC's legal department, the Commission argued that a timeline will ensure that the lawsuits do not drag on indefinitely. Should the six months lapse without any verdict from court, the electoral body reckons that the decision of the Senate should take precedence.
“When it comes to impeachments, there ought to be an end to litigation. Maybe we can provide a timeline for when the dispute can be dealt with...Once you lock the timeline, it means that if the courts do not deal with it, then the person will be declared not fit to hold office,” Ms Kavuo said.
The proposal came after Isiolo Senator Fatuma Dullo sought to know why governors return to their offices once they are impeached.
IEBC was before the committee during submission of views by stakeholders on the County Governments (State Officers’ Removal from Office) Procedure Bill, 2024, currently before the Senate committee.
The Bill by Kiambu Senator Karungo Thang’wa seeks to provide an elaborate and expanded procedure for the impeachment of county governors and their deputies, county ministers, county secretary and county assembly speaker and their deputies.
Ms Kavuo told the committee led by Bomet Senator Hillary Sigei that when a governor is impeached, they tend to go back to office as if nothing happened.
“A case in point is the matter of Meru County. The gazzete notice relaying the decision of Senate came before the court order, but the governor ran back to office,” she said.
Two weeks ago, after the Senate upheld her impeachment by the Meru County Assembly, Ms Mwangaza resumed office and declared she will continue to lead the county.
Her "return to office" came after a High Court ruling issuing conservatory orders halting Ms Mwangaza’s impeachment. High Court Judge Bahati Mwamuye had also barred the Senate Speaker from declaring her position vacant.
The court further blocked her deputy, Mr Isaac Mutuma, from being gazetted as governor until the order was vacated.
Apart from Ms Mwangaza, other governors who sought reprieve from courts include former Wajir county boss Mohamed Mohamud and his Embu counterpart Martin Wambora.
The Senate upheld Mr Mohamud’s impeachment in 2022 but he immediately sought court orders stopping his removal, before storming the county government office with order sanctioning his return.
On the other hand, Mr Wambora, despite being impeached twice, went ahead to serve his full term and was later re-elected to serve a second term. He managed to remain in office after successfully battling against his ouster at the Kerugoya High Court, the Court of Appeal in Nyeri and in Nairobi.
'Only impeach after two years in office'
At the same time, IEBC also proposed that governors cannot be impeached before they have served two years in office, just like in the case of recalling MPs and senators.
“On impeachment of governors, if we compare it with what happens to MPs and senators when recalled, I do agree that we need to tie the timelines. If MPs are being recalled within a certain timeline, then this is something we need to think about,” said Ms Kavuo.
The Council of Governors, in their submission, also concurred with the IEBC rallying around the two-year timeline.
The Council said the Bill will provide for clarity and transparency by ensuring that all parties involved in the impeachment motion understand the grounds, procedures and steps to be taken in case of impeachment.
“This will ensure there is stability and continuity as the governor will have enough time to establish their administration and implement agenda without the threat of being impeached. It will protect governors from political motivations, as well as ensure that checks and balances have been put in place,” said CoG Chief Executive Officer Ms Mary Mwiti.
The council also wants that the reintroduction of a subsequent impeachment motion only be done one year from the previous one in order to allow for due process and fairness.
“Introducing a one-year gap provides the governor with a reasonable period to correct any shortcomings or address issues raised in previous motions,” she said.
