New Bill seeks to cushion governors from removal

It will become more difficult to impeach governors, their deputies, County Assembly Speakers, county secretaries and Executive Committee members if a new Bill passes.

The County Government (State Officer’s Removal from Office) Procedure Bill 2023 seeks to put in place a legal framework for the removal from office by way of impeachment of county officials.
Kiambu Senator Karungo wa Thang’wa is the sponsor of the proposed law.

Unlike under the current legal regime where a Senate decision on the impeachment of a governor is final, the Bill provides that a person may appeal at the High Court for review of such a decision within 14 days.
Once such a case is filed, the matter shall be heard and determined within 45 days.

“An appeal to the Court of Appeal or to the Supreme Court from any decision of the High Court shall be filed within 14 days of the decision and heard and determined within 45 days.”

A proposal to seek review in court will give a lifeline to governors who are impeached.

Previous impeachment

The Bill, which has been committed to the Senate’s Justice, Legal Affairs and Human Rights Committee, provides that a Motion by a County Assembly for the removal of a governor by impeachment may only be introduced in the Assembly on the expiry of 90 days from the date of the vote by the Senate.

“A motion for the removal of the County Governor by impeachment may be introduced in the County Assembly if it relates to particulars other than those which formed the subject of previous impeachment proceedings,” reads part of the draft bill.

The Bill also proposes that a member of the County Assembly may, supported by at least a quarter of all members, move a motion for the investigation of the governor’s physical or mental capacity to perform the functions of office.

“The Clerk of the County Assembly shall within two days of receipt of the proposed motion submit the motion to the Speaker of the County Assembly advising the Speaker of the determination by the Assembly members,” the Bill reads.

If passed, an allegation shall be considered to be substantiated if it is established and rises to the threshold contemplated in the Constitution and the Act.

The Bill further proposes that within seven days of receiving notice of the resolution from the Speaker of a County Assembly, the Chief Justice shall appoint a tribunal consisting of an Advocate of the High Court nominated by the Law Society of Kenya (LSK).

The Chief Justice will also appoint three persons who are qualified to practice medicine and nominated by the Kenya Medical Practitioners and Dentist Council and one person nominated by the Council of Governors (CoG).
“The tribunal shall inquire into the County Governor’s physical or mental capacity to perform the functions of office and within 14 days of its appointment, report its finding to the Chief Justice and to the Speaker of the County Assembly,” reads part of the report.
It further adds that the report of the tribunal shall be final and not subject to appeal and if the tribunal reports that the governor is capable of performing the functions of the office, the Speaker of the County Assembly shall so announce in the County Assembly.
However, if the tribunal reports that the Governor is incapable of performing the function of the office, the County Assembly shall after according the Governor an opportunity to be heard, vote on whether to ratify the report.