How A President Can Be Ousted From Office
Azimio la Umoja One Kenya Coalition leader Raila Odinga is now calling upon Kenyans to come out in large numbers and support his signature collection drive.
According to Odinga, the drive seeks to collect 10 million signatures in a bid to impeach President William Ruto from office.
However, according to the constitution of Kenya article 145 the grounds and process of impeaching a President is as follows;
By impeachment where 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--on the ground of a gross violation of a provision of the 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 the 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 eleven of its members to investigate the matter.
The special committee under clause (3) (b) shall --investigate the matter; and report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.
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 to 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.
The President can also be ousted on grounds of either mental or physical incapacity hindering him from performing his duties.
Here a member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of the office.
The process will go through the Chief Justice and a tribunal which prepares a report to determine if the president is capable or not.
The MPs then vote on the report if it considers the President incapable. If a majority of all the members vote in favor of the report, the President shall cease to hold office.
Tags: Raila Odinga William Ruto Signstv Ousting President Article 145
