Bill set to cushion governors for first six months in office

Governors will no longer be impeached within six months of being in office if a new bill is enacted.
The County Governments (State Officers’ Removal from Office) Procedure Bill, 2024 sponsored by Kiambu Senator Karungo Thang’wa seeks to provide for a robust legal framework for the removal from office of governor, deputy governor, county executives, county secretary and county assembly speakers.

“This Bill is necessitated by the lack of a comprehensive statutory framework for the removal, from office, of the said four categories of county state officers,” the Bill reads in part.
Currently, the removal of the officers is provided for in the County Governments Act, 2012 but Thangwa, the current provides for general provisions.

In addition, Ward reps have also been blocked from re-introducing an impeachment motion against a governor within 90 days from the initial ouster bid.

First reading

The proposed law, which has been introduced in the Senate for first reading further provides that no motion for removal of a county governor by impeachment shall be brought before the lapse of six months from the date of assumption of office of the county governor.

“A motion by a county assembly for the removal of the county governor by impeachment may only be re-introduced in the county assembly on the expiry of 90 days from the date of a vote by the Senate,” the Bill states.

However, according to the proposed law, the motion may be introduced in the County Assembly if it relates to particulars other than those which formed the subject of previous impeachment proceedings.

Besides impeachment on grounds of gross violation of the Constitution and gross misconduct, a governor shall also be liable for removal on grounds of mental incapacity.

Ouster motion

The Bill sates that an MCA seeking to introduce an ouster motion against the governor shall secure the signatures of at least a third of the members of the assembly to initiate the process.

That MCA shall then write to the Clerk who shall confirm before sending the same to the speaker for communication in the Assembly.

The clerk shall publish the impeachment in the local dailies, with a copy of the motion sent to the Governor.

“If a motion under (the) sub-section is supported by at least two-thirds of all the members of the county assembly, the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within three days,” it states.

In the Senate, the speaker shall verify the impeachment documents.

They shall communicate the same in the House to kickstart the process of considering the ouster.
“If the Senate resolves that the county assembly complied with the procedure, the special committee shall proceed with the impeachment process,” it says.

If a majority of the county delegations of the Senate vote to uphold any impeachment charge—the county governor shall cease to hold office.

However, the proposed law also seeks to protect the rights of a County Governor and the Deputy.

“A county governor shall have the right to appear and be represented before the Senate, a special committee of the Senate, the county assembly or the tribunal, as the case may be, during their respective consideration of matters under this Part. The county governor may appear before the Senate, a special committee of the Senate, the county assembly or the tribunal in person, by advocate or in person and by advocate,” reads part of the Bill.