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A Member of Parliament (MP) has drafted a bill seeking to make it mandatory for a referendum to take place to allow Kenyans to approve the impeachment of a President and the deputy.

Manyatta MP Gitonga Mukunji says that the bill also seeks to amend the impeachment law by making it obligatory to carry out a referendum before ousting governors and their deputies.

Speaking at NICA Church in Manyatta during the ordination of five lay leaders, Mukunji noted that the electorate must be given a chance to impeach holders of the Presidency and county offices.

According to the MP it is unfair for a leader elected by millions of voters to be impeached by a few members of parliament.

“We need to relook at this piece of legislation, it is against the rule of justice for a few lawmakers to be used to remove from office a leader who is popularly elected,” said Mukunji.

He singled out the ouster of Meru Governor Kawira Mwangaza who he says was ousted on insufficient grounds crafted by members of the county assembly and endorsed by the senate for their own political expediency.

 Mukunji is a close ally of Deputy President Rigathi Gachagua and was among the 44 MPs who voted against the impeachment motion at the National Assembly last week.

Impeachment law

He says that the impeachment law was being misrepresented by those who intend tp settle personal differences with their nemesis.

 “I will table a motion to change the law on impeachment so that when someone is being impeached, the voters speak in the form of a referendum. The voter must have the final say in such matters,” he said.

“We must change the impeachment process of even governors. You have all seen the troubles Mwangaza has been facing in Meru; her only mistake ni kukosana na wadosi kidogo.”

The constitution states a member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President or his deputy.

This can be done on the ground of a gross violation of a provision of this Constitution or of any other law, where there are serious reasons for believing that the President has committed a crime under national or international law; or for gross misconduct.

 If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly, the Speaker shall inform the Speaker of the Senate of that resolution within two days; and the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

 Within seven days after receiving notice of a resolution from the Speaker of the National Assembly– the Speaker of the Senate shall convene a meeting of the senate to hear charges against the President; and the Senate, by resolution, may appoint a special committee comprising 11 of its members to investigate the matter.

Appointed to probe

 A special committee will be appointed to investigate the matter; and report to the Senate within 10 days whether it finds the particulars of the allegations against the President to have been substantiated.

Further, the President shall have the right to appear and be represented before the special committee during its investigations.

If the special committee reports that the particulars of any allegation against the President –have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.

 If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.

At least 233 MPs – two-thirds of all the members – are required to vote in favour of the impeachment motion to pave the way for its transition to the Senate – the Upper House. The Senate is the trial chamber that holds the key to Gachagua’s fate.

The House will decide whether the DP will continue serving as the country’s second in command or vacate the lucrative and powerful office and smash his political career.

Gachagua faces several charges including gross violation of the constitution, abuse of office and gross misconduct.

Impeachment has far-reaching consequences.

If impeached, Gachagua’s short-stint in politics will collapse. He will not hold any other public office in the future. In addition, he will lose all his retirement perks.

“The Senate, being the trial Chamber, will be sitting as a quasi-judicial body to hear and determine the matter,” Speaker Amason Kingi said on Thursday.