It will soon be hard for the MCAs to kick out county executive otherwise referred to as a CEC from office if a Bill before the Senate is approved.
The County Governments amendment Bill, 2023, sponsored by Nandi Senator Samson Cherargei seeks to introduce a stiff threshold for the removal of the members.
“This Bill proposes to enhance the threshold of voting in a county assembly for the removal of a member of a county executive committee,” the Bill states.
Section 40 of the County Governments Act provides for the procedure for the removal of a CEC by a County Assembly.
The Bill has been introduced in the Senate for the first reading.
How to remove a CEC from office
A member of the county assembly, supported by at least one-third of all the members, may propose a motion requiring the governor to dismiss a CEC.
Grounds
A member can be removed from office over gross violation of the Constitution or any other law, incompetence, abuse of office, gross misconduct or if convicted of an offence punishable by imprisonment for at least six months.
Procedure
The motion can also be filed if the CEC has been convicted of an offence punishable by imprisonment for at least six months.
An MCA seeking to sponsor the motion to impeach a CEC must secure at least a third of signatures of the members of the county assembly to file the motion.
Once the motion is filed, a special committee of five members shall be set up to investigate the charges leveled against the CEC and file a report in 10 days.
The CEC has the right to appear and be represented before the select committee during its investigations.
If the Committee reports that it finds the allegations unsubstantiated, no further proceedings shall be taken but if it establishes to be substantiated, the county assembly shall vote whether to approve the resolution or not.
Voting
The threshold for voting for the removal of a member is currently low, where for a motion to see the light, it should be “supported” by one third of the members of the House.
In the new proposal, this has however been enhanced to two third of the members meaning more than half of the MCAs present in the House.
If the MCAs vote in favor of it, the Speaker shall promptly deliver the resolution to the governor and the governor shall dismiss the member.
