The electoral commission has proposed that impeachment motions on governors be dispensed with in courts within six months just like election petitions.

While appearing before the Senate Committee on Justice, Legal Affairs and Human Rights, Independent Electoral and Boundaries Commission (IEBC) representatives led by a Ms Ruth Kavuo from the legal department said there should be an end to a litigation process once the Senate impeaches a governor.

The commission said such a proposal would ensure that any impeachment motions are dealt with expeditiously, failure to which the decision of the Senate stands.

Said Kavuo: “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. If an impeachment has been done then a timeline needs to be provided on how much time the impeachment will be in courts. Once you lock the timeline it means the courts have a timeline and if they do not deal with it then the person will be declared not fit to hold office.”

The proposal by the commission came after Isiolo Senator Fatuma Dullo sought to know why governors run back to their offices once they are impeached. “When a governor is impeached, they go back to office as if nothing happened. Case in point is the matter of Meru County, the gazette notice relaying the decision of the Senate came before the court order, but the governor ran back to office.”

Two weeks ago, after the senate upheld the impeachment motion against Kawira Mwangaza, she rushed to court and obtained orders blocking her deputy from taking over. This followed the High Court ruling that stopped her impeachment.

Apart from Mwangaza, the other governors who have sought reprieve from courts include former Wajir Governor Mohamed Mohamud and his Embu counterpart Martin Wambora.

Sought orders

Mohamud was impeached by the Senate in 2022 but immediately sought court orders stopping the impeachment motion against him and stormed the county with court orders sanctioning his return. Wambora despite being impeached two times, went ahead to serve his full term and was later re-elected to serve a second term.

And apart from the said timelines, the commission which had appeared to give its proposal on the County Governments (State Officers Removal from Office Procedure) Bill, 2024 (Senate Bills No. 34 of 2024) also proposed that the process of impeaching governors be done after two years like in the case of MPs and senators.

The commission also wants the process of impeaching the governor done within six days as the proposal to have it done within three months as provided for in the bill seems to make it almost impossible to remove a sitting governor. The bill sponsored by Kiambu Senator Karungo Thangwa is seeking to protect governors from being impeached six months after assuming office. It provides for a robust legal framework for the removal from office of governor, deputy governor, county executives, county secretary and county assembly speakers.

Said Kavuo: “On the 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.”

Senators proposals

Council of Governors (CoG) in their submissions to the senators proposed that a motion to have a governor removed from office be done 24 months after the assumption of office of the governor. The CoG supported the bill saying it will provide clarity and transparency by ensuring all parties involved in the impeachment motion understand the grounds, procedures and steps to be taken in case of impeachment or incapacity as well as prevent ambiguity and arbitrary actions.

CoG Chief Executive Mary Mwiti said this will ensure there is stability and continuity as the governor will have enough time to establish their administration and implement agenda without the threats of being impeached, will protect governors from political motivations, as well as ensure that checks and balances have been put in place.