Why Governors May Not Face Impeachment Within First One Year
Some of the proposals include putting in place a requirement that a governor cannot face impeachment before the end of the first 12 months...
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Members of County Assembly (MCAs) will have a mountain to climb if they want to impeach governors amidst plans by senators to form a Bill that if passed, will save them from being victims of mischief by MCAs while facing impeachment.
Some of the proposals include putting in place a requirement that a governor cannot face impeachment before the end of the first 12 months after he or she is sworn in as well as changing the law to allow impeached governors to access public office in the future.
The proposals state that second-term governors will have a six-month grace period before an impeachment motion can be brought against them while first-term governors will have 12 months.
The 12-month period for new governors is to allow for a smooth transition from one administration to the next without interference from MCAs.
Senate speaker Amason Kingi during his maiden speech on September 8, 2022. /STANDARD DIGITAL
Vihiga Senator Godfrey Osostsi revealed that having the timelines encased into law will curb malicious impeachment motions against governors.
“There was an impeachment Bill but lapsed in the previous Parliament. It needs to be revived to address some of these issues.
“Impeachment is an important tool of accountability but it should not be used to demean the role of the Senate in protecting devolution. That is why we need to have an impeachment law in place, setting high thresholds for such motions,” he told the Nation.
Senators also want to open up reports of impeachment to amendment by the full House after a special committee consideration, as well as a demand that MCAs resolve differences through either the Senate Devolution Committee or the Deputy President-led intergovernmental forum before any impeachment proceedings.
Senators are also thinking of doing away with the law barring impeached governors from running for public office and instead want them barred for two election cycles only.
They also want the process of removing a governor made as difficult as recalling a member of the National Assembly or a senator, through the collection of signatures across the county so that it becomes a people-driven impeachment.
The proposals come after the Senate on December 30, 2022, dismissed a decision by Members of the Meru County Assembly (MCAs) to throw Governor Kawira Mwangaza out of office.
"After the consideration of charges made against Meru Governor Kawira Mwangaza, all 11 members of the Special Senate Committee agreed and recommended that none of the charges was proved," Khalwale stated while tabling the report.
Senate Speaker Amason Kingi as a result ruled that the senate would not vote or discuss the motion any further, adding that the committee was a creation of the senate and that all senators were represented in making the motion.
Since the Senate has defeated the impeachment motion, it shall not be reintroduced on similar grounds, until after three months.
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