Talks of a plan to impeach Kenya's second in command Rigathi Gachagua have resurfaced again, but how difficult or easy is it to impeach a Deputy President? https://shorturl.at/KSrGS
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00:00As discussions to impeach the Deputy President resurface once more,
00:04here's a detailed explanation on the impeachment procedure as outlined in the Kenyan Constitution.
00:09The Deputy President of Kenya can be removed from office through impeachment according to
00:14Article 145 of the Constitution and the relevant provisions of the law.
00:19A member of the National Assembly supported by at least a third of all members may move
00:24a motion to impeach the Deputy President based on three grounds.
00:28A gross violation of the Constitution or any other law,
00:31the commission of a crime under national or international law, or gross misconduct.
00:36To initiate the process, the Member of Parliament must submit the proposed motion
00:39to the Clerk of the National Assembly along with a list of MPs supporting the motion.
00:44The Clerk will then verify that the motion specifies the grounds
00:48and is signed by the Member and supporting MPs.
00:50Once the motion meets all requirements, it is passed to the Speaker of the National Assembly.
00:55The Speaker then has three days to approve or decline the motion,
00:58providing reasons it declined.
01:01If approved, the MP must give notice of the motion within 7 sitting days
01:05and move the motion within 14 days.
01:08The National Assembly must then dispose of the motion within seven days of it being moved.
01:12If the motion is supported by at least two-thirds of the National Assembly members,
01:16the Speaker informs the Speaker of the Senate within two days.
01:19The Deputy President will continue performing his or her duties during this period.
01:24Within seven days of receiving the notice,
01:26the Speaker of the Senate convenes a meeting to hear the charges.
01:29The Senate may appoint an 11-member special committee to investigate the allegations.
01:34This committee must report back to the Senate within 10 days
01:37on whether the allegations have been substantiated.
01:40If the Senate does not form a committee,
01:42it must decide on the matter within 10 days of its first meeting.
01:46The Senate Clerk will serve the Deputy President with a copy of the impeachment motion
01:50and invite him or her to appear before the Senate or the special committee.
01:54The Deputy President has the right to appear and be represented,
01:57either personally, by an advocate, or both.
02:00The Senate or the special committee may also hear from the MP who moved the motion.
02:05If the committee finds that the allegations have not been substantiated,
02:09the proceedings will end.
02:10However, if the allegations are found valid,
02:13the Senate will vote on the impeachment charges.
02:16I too that the majority vote in the Senate to uphold any charge
02:19will result in the Deputy President's removal from office.