Below are key stages that embrace impeachment of a Kenyan governor performed by the senate under a constitutional guidance.
- Formulation of an Impeachment Motion by a County Assembly Member.
In this phase, a County Assembly member provides a motion to the speaker through a notice which entails removalal of a county governor. The member ought to be supported by at least two-thirds of the assembly to move the motion.
If the motion succeeds, the county assembly speaker informs senate’s speaker in two days. The information provided is always in a written form and is based on the resolution of the county assembly purposed to impeach a governor. During this period, the governor carries on with the official duties while awaiting the impeachment procedure.
b) The Role Played by the Senate During the Impeachment Process.
The Senate’s speaker normally plans a meeting whereby the charges presented by the member of the county assembly are discussed. Within seven days, the speaker forms a trained board that involves eleven members who carry out investigation on the accused governor. A report is issued after ten days of investigation which declares if the charges presented are worth an impeachment or not. During investigation period, the accused governor can appear before the set committee. The governor should not be subjected to any sort of mistreatment by any member of the county assembly or the senate.
Lack of Proof on the Charges Made.
If the set committee lacks any proof that walls the accused governor, there are no further investigations made. If there is a proof, the Senate carries out voting session to conduct impeachment. The senate conducts voting only under the condition that the accused governor embraces a just hearing.
If more than half of the county assembly in the Senate position vote to withdraw the impeachment case, the governor does not leave office. If the members vote to disapprove the impeachment motion, the speaker of the senate ought to update the speaker of the acting county assembly. A member of the county assembly can possibly introduce the same accusations to the speaker of the senate after a period of three months from the time the Senate made a ruling on the impeachment case.
c)The County Governor’s Post.
After impeachment is performed by the senate, both governor and the deputy governor ought to envelope the office as a county governor and carry out the assigned duties. If the governor is incapable of an office assumption, elections purposed for the position of a governor should take place in sixty days once the speaker has assumed the county governor’s office. In a case whereby the assistant governor is unable to assume the governor’s position, the assembly’s speaker can be the acting county governor. The vacancy is of no existance if the Senate withdraws the impeachment accusations made on the governor.
A governor can be impeached at any point if the duties assigned are not well taken care of, hence anyone holding this position should perform his political duties accordingly not only to avoid impeachment but to profile himself politically.