What happens when a deputy governor is impeached
On Thursday, March 14, senators voted overwhelmingly to remove Robert Monda, the deputy governor of Kisii, from office.
Monda was convicted of serious offences including abuse of office, gross misconduct, violation of national laws, and grievous violation of the Constitution.
39 Senators voted in favour of the gross violation of the Constitution, three voted against it, and one abstained on the allegation of abuse of office. Sen. 35 voted in favour of the charge of gross misconduct, while one abstained.
Regarding the charge of offences under national law, 32 senators voted in favour, nine voted against, and one abstained.
As stipulated in the 2010 Constitution, he becomes the first deputy governor to face impeachment.
When can a deputy governor be impeached?
A Deputy Governor may be removed from office in accordance with the law if he or she commits a crime under national or international law, violates the Constitution or any other law, abuses office, or exhibits egregious misconduct.
In such a case, the MCAs file a notice with the speaker of the assembly and initiate a motion to remove the individual in question. In order to proceed, the motion must be endorsed by two-thirds of all the members.
Former Speaker of the Nyeri County Assembly John Kaguchia recommends that the procedure for impeaching a governor be followed during the impeachment of a deputy governor.
“When a Deputy Governor is facing impeachment, what will guide the county assembly and the Senate is the process of impeaching a Governor, ” says Kaguchia.
After the impeachment motion has been approved by the county assembly, the law requires the speaker of the county assembly to provide written notification to the speaker of the Senate within a period of two days.
Until the conclusion of the impeachment proceedings, the deputy governor will maintain the responsibilities associated with the position.
The purpose of the Senate meeting called by the speaker is to consider the allegations lodged against the deputy governor by the county assembly.
Following this, a special committee consisting of eleven members is designated by the Senate to conduct an investigation into the issue.
The investigation is expected to be concluded within a period of seven days, starting from the date the Speaker received the notice of impeachment.
The Senate special committee then conducts an investigation and provides a report to the chamber within ten days.
The report ought to encompass comprehensive information regarding the verification status of the allegations levied against a deputy governor by the accuser.
The deputy governor is entitled to appear and be represented before the committee in order to present a defence during the proceeding.
In the absence of substantiating evidence presented by the special committee in opposition to the allegations levied against the Deputy Governor, the proceedings shall terminate.
The Senate proceeds with the vote on impeachment charges contingent upon the assurance that the deputy governor will be afforded an impartial hearing, contingent upon the discovery of evidence.
Upon the support of a majority of Senate members in favour of the impeachment, the deputy governor’s term of office is terminated.
Should the impeachment allegations be rejected by the recommendations, it is the responsibility of the Senate speaker to inform the speaker of the corresponding county assembly.
However, the identical allegations may be reintroduced in the assembly three months subsequent to the Senate’s decision rejecting the impeachment.
Vacancy in the Deputy Governor office
In the event that the Senate affirms the assembly’s impeachment of the deputy governor, the position will become vacant.
The county governor then bears the responsibility of nominating a new constable within fourteen days.
Within sixty days, MCAs will then vote on whether to accept or reject the nomination.
The fate of Kisii County
Governor Simba Arati of Kisii County is anticipated to appoint a new deputy within the subsequent fourteen days, after which he will submit the candidate for approval or rejection to the members of his county assembly.
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What happens when a deputy governor is impeached
