In Kenya, a vice president can be removed from office under the constitution
The aim of this process is to uphold democratic principles and ensure that any impeachment is lawful, transparent and for a just cause.
Here you will get a detailed insight into how this constitutional mechanism works.
Reasons for removal
The Vice President of Kenya can be removed from office for certain constitutional reasons, including:
Gross violation of the Constitution or other laws
This includes all actions that fundamentally violate the constitution or other legal framework of the country.
Examples of this would be abuse of office, undermining constitutional institutions or involvement in illegal activities.
The Constitution allows for the removal of a vice president if he or she is physically or mentally unable to perform his or her official duties.
This inability must be clearly demonstrated and justified.
Any conduct that appears highly inappropriate for a Vice President, particularly actions that are detrimental to the office, may be grounds for removal.
This can range from corruption to unethical behavior that compromises the integrity of the office.
Crimes under Kenyan or international law
Involvement in criminal activities, whether under national or international law, can also trigger deportation proceedings.
Initiating the removal process
The recall procedure is initiated in the National Assembly:
A member of the National Assembly must submit a motion setting out the reasons for the dismissal of the Vice President.
This request must be clearly justified and supported by compelling evidence.
For the motion to be adopted, it must be supported by at least one third of all members of the National Assembly.
This support is crucial to ensure that the application has sufficient backing to warrant further consideration.
Investigation by the Senate
Once the application has the necessary support:
The President of the National Assembly shall forward the motion to the Senate within two days after it has cleared the hurdle in the National Assembly.
The task of this committee is to conduct a thorough investigation within ten days.
The Vice President shall have the right to appear before the Special Committee and to be represented during the investigation.
The Senate then discusses the committee’s findings. If the committee finds that the reasons for the dismissal are not valid, the proceedings are discontinued.
If the grounds are sound, the Senate, after giving the Vice President an opportunity to speak, shall vote on the articles of impeachment.
If the Senate approves the committee’s findings by a resolution supported by two-thirds of its members, the Vice President shall be removed from office.
After removal
According to the Senate’s decision:
The office of Vice President shall become vacant immediately following the decision of the Senate.
The President must appoint a new Vice President within 14 days. This candidate must be approved by the National Assembly within 60 days before taking office.
Historical context
To date, no Vice President has been removed from office under this constitutional provision, which underscores the role of this provision as a safeguard against arbitrary dismissal.
The provision reaffirms the principle that all leaders, regardless of their position, are accountable to the law.
The removal of a Vice President in Kenya is a serious and complex process that reflects the importance of the office and the need for accountability at the highest levels of government.
As Kenya continues to develop its democratic institutions, these constitutional safeguards remain critical to upholding the rule of law and principles of good governance.