Review impeachment clause, urges CIC boss

Constitution Implementation Committee (CIC) chairman Charles Nyachae (right). ODM Sunday accused Mr Nyachae of campaigning for a rival candidate in the Bonchari by-election that takes place Monday. PHOTO/FILE

What you need to know:

  • Mr Nyachae, who was speaking in Kisii, said the highest court needed to interpret the threshold of impeaching political leaders, issuing summons and removal of public officers.
  • He criticised parliamentary select committees for issuing threats of summons to public officers and urged members   to stop abusing Article 125 of the Constitution in the exercise of their mandate.
  • He in particular took issue with the committee for Land that summoned him to appear before it in Kwale last Thursday.

The impeachment clause on public office holders should be interpreted clearly by the Supreme Court, the Constitution implementation agency has said.

The clause on what merits gross violation of the Constitution and misconduct wasn’t included, therefore open to abuse, Constitution Implementation Commission (CIC) chairman Charles Nyachae said.

Mr Nyachae, who was speaking in Kisii, said the highest court needed to interpret the threshold of impeaching political leaders, issuing summons and removal of public officers.

He said the impeachment threats on governors and Cabinet secretaries had greatly affected development in some counties.

Some leaders, said the chairman, were using the impeachment clause on frivolous grounds.

Mr Nyachae explained that the process of removing leaders and public servants should be fair, objective and predictable.

“There are laws and institutions tasked with the  removal of public officers and leaders. The institutions should be left to exhaust all mechanisms before resorting to impeachment.”

The CIC boss said there were loopholes in the clause since it had not established unquestionable standards.

SETTLING SCORES

“Articles 152 and 181 of the Constitution state how a public officer can be removed, especially over gross violation of the Constitution and misconduct, but the threshold is not set.”

Mr Nyachae said it was unfortunate that some leaders had been impeached, setting a bad precedent.

“It is disturbing that some leaders are misusing the process to settle political scores”  said Mr Nyachae stressing that all means should be used to solve problems instead of rushing to kick out leaders.

He criticised parliamentary select committees for issuing threats of summons to public officers and urged members   to stop abusing Article 125 of the Constitution in the exercise of their mandate.

He in particular took issue with the committee for Land that summoned him to appear before it in Kwale last Thursday.

He could not show up due to what he termed  “unavoidable circumstances.”

Mr Nyachae said that it was not possible for public officers, who had busy schedules, to attend all summons and urged Parliament to support them so that they could deliver.

The chairman said it was demoralising for officers who were victimised for failure to appear before committees.

REACTION

Wanting: Mr Nyachae says there are loopholes in the  clause, since it has failed to establish unquestionable grounds to kick-start an impeachment.

Fairness: He argues the process of removing leaders should not be based on spurious grounds, driven by a desire to settle scores.