Legal Frame work that guarantees Impeachment of DP Ruto

ODM through one of their vocal member, Lawyer James Orengo is sponsoring a Bill that will see the Deputy President William Ruto impeached.

According to James Orengo and ODM party they are planning to raise a motion and rally all other members of the parliament to second it which will send DP Ruto home before his due time.

But will this idea sail through?

What does it take to impeach DP Ruto according to the current constitution?

1) The Deputy President may be removed from office–

(a) on the ground of physical or mental incapacity to perform the functions of the office; or
(b) on impeachment–

(i) on the ground of a gross violation of a provision of this Constitution or any other law;
(ii) where there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or
(iii) for gross misconduct.

(2) The provisions of Articles 144 and 145 relating to the removal of the President shall apply, with the necessary modifications,to the removal of the Deputy President.

If ODM succeeds to send DP Ruto home, the President Uhuru Kenyatta will be forced to pick someone else who would fill the void. But if it happens do you think President Uhuru can Pick Raila Odinga as the Deputy President? Who can be an alternative?

If impeachment happens successfully here are the Protocols President Uhuru Kenyatta has to follow before appointing a new Deputy President;

(1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it.
(2) If a person assumes office as Deputy President under clause (1), then, for the purposes of Article 148 (8), the person shall be deemed–

(a) to have served a full term as Deputy President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2) (a);
or
(b) not to have served a term of office as Deputy President, in any other case.

If that happens then DP Ruto and his tangatanga will be no longer in existence.

Do you think this impeachment motion can succeed under the current administration?

Leave a Reply

Your email address will not be published. Required fields are marked *