Legal Review: What Happens When A Deputy Governor is Impeached?

 1.0 Introduction

There are various reasons for the removal or impeachment of a Deputy Governor in Kenya. Legally, the procedure for impeaching a county governor in Kenya applies, with the necessary modifications, to the impeachment of a deputy governor.

Therefore, the Senate is in charge of the process of impeaching a Deputy Governor in this context.

2.0 Grounds for Impeachment or Removal of Deputy Governor

A Deputy Governor can be removed/impeached from his/her position if he or she violates the Constitution or any other law, and/or commits a crime under national or international law, abuses office, or displays gross misconduct.

When the Deputy governor commits any of the offenses, the MCAs move a motion for removal of the DG whereby a notice is filed to the speaker of the county Assembly, and in which the motion ought to receive support by 2/3 (two-thirds) of the members for it to proceed.

Reference is made to Article 181 of the Constitution which provides the grounds upon which a deputy governor can be removed from office and states as follows:

1.      Gross violation of the Constitution or any other law.

2.      Where there are serious reasons to believe that the deputy county governor has committed a crime under the national or international law;

3.      Abuse of office or gross misconduct.

4.      Physical or mental incapacity to perform the functions of the office of the deputy county governor.

3.0 The process involved in the impeachment of a Deputy Governor in Kenya

The process for removal of a deputy county governor from office in Kenya is set in section 33 of the County Governments Act.

It begins with the move of a motion to impeach a deputy governor by the County Assembly.

Any Member of the County Assembly moves a motion to remove a deputy county governor by notice to the speaker.

The member relies on the grounds to remove a deputy county governor to move the motion as set out under Article 181 of the Constitution of Kenya, 2010.

The member must receive the support of two-thirds of all the other members to move the motion.

If the motion goes through, the county assembly speaker informs the speaker of the Senate within two days. The information is in writing and refers to the county assembly resolution passed to impeach the deputy governor.

The deputy governor continues to perform the functions of the office pending the outcome of the impeachment process.

Generally, the process of impeachment of a deputy governor adopts a similar process as the impeachment of a county governor, as a guide to the County assembly and senate.

Role of the Senate in the Impeachment Process of the Deputy Governor

Legally, once the impeachment motion has gone through in the county assembly, the county assembly speaker shall then inform the Senate speaker within two days in writing.

The deputy governor continues to perform the functions of the office until the impeachment process is completed and outcome is determined in or against his Favor.

At the Senate, the speaker convenes a meeting aimed at hearing the charges the county assembly brought against the deputy governor.

The Senate at this point appoints a special committee that comprises of eleven (11) members who are obliged to investigate the matter, and this is to be carried out within seven days from the day the Speaker received the notice of impeachment.

The 11-member special committee of the Senate thereafter investigates the matter and reports to the Senate within ten days. The report should contain details on whether it finds proof for the charges the accuser brought against a deputy governor.

During the entire process, the deputy governor holds the right to appear and be represented before the committee to defend himself.

Notably, where the 11-member special committee finds no proof against the allegations facing the Deputy Governor, then the proceedings end there, and the Deputy Governor continues with his duties. In cased where the special committee finds proof, the Senate proceeds to vote on impeachment charges which only takes place after the assurance that the deputy governor receives a fair hearing as a constitutional right.

Thereafter, If the majority of the members of the Senate vote to uphold the impeachment, the deputy governor ceases to hold office. Where the recommendations vote to reject the impeachment charges, the Senate speaker ought to notify the speaker of the respective county assembly about the outcome of the decision by the members of the Senate.

The same charges can however be introduced before the assembly after three months from the day the Senate votes against the impeachment by any member of the county assembly.

Vacancy in the office of the Deputy Governor

Where the senate has upheld the impeachment of the deputy governor as established by the assembly, a vacancy is established in the office of the deputy governor and remains vacant until the next deputy governor is elected or nominated. As such, the County Governor is mandated to nominate a new deputy governor within 14 (fourteen) days.

Thereafter, the MCAs are mandated to vote and approve or reject the nominated deputy governor and this should happen within 60 days.

The vacancy does not occur if the Senate rejects the impeachment charges facing the deputy governor. It also does not occur when the special committee finds no proof for those charges since no further proceedings take place. And that is the complete process to impeach a deputy governor in Kenya.

Conclusion

When the deputy governor has been impeached, the Court now remains the only option available for the impeached Deputy Governor to save his lucrative job and protect his political career from crumbling.

At this point, the impeached deputy governor no longer earns a salary, nor allowances nor enjoys the immense benefits that come with the office of deputy governor that includes round-the-clock police protection. Worse, the impeached DG  is permanently barred from holding any public office, including running for a political position in the future according to Article 75 (3) of the Constitution which bars a person impeached from a public officer from ever holding any public office.