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EXPLAINER: How to remove a deputy president from office

DP can only be removed on the grounds of physical, mental incapacity or impeachment.

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by nancy agutu

Realtime11 March 2020 - 15:26
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In Summary


•The legislators further accused the DP of declaring war against established State institutions and constitutional commissions.

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Deputy President William Ruto during a church service at Catholic Church of Uganda Martrys Kibirichia Parish, Buuri, Meru County on February 8, 2020.

A section of MPs and Senators on Thursday demanded that Deputy President William Ruto resign from office over alleged misconduct.

The close to 40 legislators drawn from the National Assembly and Senate said the DP should step down for allegedly disrespecting President Uhuru Kenyatta.

The legislators further accused the DP of declaring war against established State institutions and constitutional commissions.

 
 
 

But what is entailed in the removal or resignation of a deputy president from the office?

Apart from the constitutional procedures, it would take a lot of work to convince MPs and Senators to vote for the impeachment.

This is because the standoff between Ruto and President Uhuru has split Jubilee in the middle making it hard to mobilise the impeachment.

According to the Constitution, Ruto can only be removed from office;

(a) on the ground of physical or mental incapacity to perform the functions of the office, or (b) on impeachment;

(i) on the ground of a gross violation of a provision of this Constitution or any other law;

(ii) where there are serious reasons to believe that he has committed a crime under national or international law; or (iii) for gross misconduct.

Impeaching the Deputy President
 

According to the MPs, they have accused Ruto of gross misconduct which could lead to impeachment.

But members of the National Assembly can only start impeaching Ruto if the motion is supported by at least a third of all the members which is 115 MPs.

After the tabling of the motion, it must be passed by at least two-thirds majority of the National Assembly which is  230 MPs.

The speaker is then expected to inform his counterpart at the senate of the resolution within two days.

But with this, the deputy president shall continue to perform his duties pending the outcome.

After one week, the senate speaker convenes a meeting of the Senate to hear charges against the DP.

It is at this point that the Deputy president will be expected to appear before the senate and defend himself against the charges.

Once there is a vacancy in that office, the Constitution notes that within 14 days the President shall nominate a person to fill the vacancy.

After that, the National Assembly shall vote on the nomination within 60 days after receiving it.

 

If a person assumes office as Deputy President, the person shall be deemed;

(a) to have served a full term as Deputy President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election.

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