Ouster reprieve: Senators back Bill shielding governors from early impeachment

Governors are set to gain significant relief after a Senate committee endorsed a Bill aimed at protecting them from impeachment within the first six months of assuming office and streamlining ouster procedures.

The move comes amid growing concerns over political instability at the county level and the misuse of impeachment motions.

The Senate Justice, Legal Affairs and Human Rights Committee has cleared the County Governments (State Officers’ Removal from Office) Procedure Bill, 2024, with amendments designed to enhance the legal framework governing impeachment procedures.

The committee, chaired by Senator Hillary Sigei, tabled the report on its consideration of the Bill in the chamber last week.

The process included extensive public hearings to gather views from various stakeholders on how best to regulate the removal of county state officers.

The Bill, sponsored by Kiambu Senator Karungo Thang’wa, seeks to establish a robust statutory framework for the removal from office of governors, deputy governors, county executives, county secretaries 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,” part of the Bill states.

Currently, the County Governments Act, 2012, provides only general provisions regarding removal from office, which Thang’wa argues is insufficient for ensuring fairness and consistency.

Under the proposed law, a county assembly cannot reintroduce an impeachment motion against a governor within 90 days of a failed ouster attempt.

More importantly, the Bill stipulates that no motion for the removal of a county governor by impeachment shall be brought within six months of the governor assuming office.

“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 reads.

However, the law allows motions on new or different grounds to be introduced even if previous proceedings took place.

To enhance transparency, the Bill requires county assemblies to widely publicise intended impeachments through national newspapers, county media outlets and digital platforms.

“This amendment will ensure compliance with Article 118 of the constitution on public participation,” the report notes.

The committee also emphasised procedural fairness by allowing governors to submit written responses to impeachment motions and enabling assemblies to proceed even if a governor fails to appear.

Additionally, it upheld a provision protecting governors from repeated legal proceedings once a Senate special committee has found allegations unsubstantiated.

“The committee emphasised that this amendment will serve an important protective function. It will ensure that once a special committee has found allegations against a governor to be unsubstantiated, the governor is not subjected to further defense or trial before the Senate,” the report states.

However, the committee noted gaps in the Bill concerning scenarios where the Senate chooses to handle impeachment proceedings in plenary rather than via a special committee.

To address this, the committee recommended a new clause establishing a clear framework for plenary investigations, ensuring consistency and fairness.

The Bill also clarifies the grounds for impeachment beyond gross violations of the constitution and gross misconduct.

A governor may also be removed on grounds of mental incapacity. For an impeachment motion to proceed, at least one-third of county assembly members must sign the initiating motion.

The clerk confirms the signatures before forwarding the motion to the speaker, who ensures public notice through local media and communicates the motion to the governor.

“If a motion under this subsection is supported by at least two-thirds of all members of the county assembly, the speaker shall inform the Speaker of the Senate within three days,” the Bill provides.

The Senate then verifies the documents before referring the matter to a special committee. If the committee upholds the impeachment, a vote by the majority of county delegations in the Senate determines whether the governor ceases to hold office.

The proposed law further safeguards the rights of governors and their deputies.

“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. The county governor may appear in person, by advocate, or both,” the Bill reads.

If passed, the legislation will mark a significant step in balancing accountability with political stability, ensuring that governors are not prematurely ousted while maintaining robust mechanisms for addressing legitimate misconduct.