Bid to impeach Machakos deputy governor Bernard Kiala hits snag

What you need to know:

  • Article 181 of the Constitution gives the steps to be followed to remove a governor but does not mention anything about the deputy.
  • The Impeachment of Governors and Deputy Governors Bill, 2014 provides a clear path to follow when pushing for the removal of a deputy county boss.

The impeachment of the Machakos deputy governor by the county assembly is presenting senators with a tough legal challenge.

The lawmakers are grappling with how to proceed with the impeachment of Mr Bernard Kiala due to a gap in the law on the matter.

The impeachment petition is currently before Senate Speaker Ekwee Ethuro after it was forwarded there by the Assembly on Friday.

The Constitution and the County Government Act do not clearly indicate the procedure to be followed in impeaching a deputy governor.

FILLING POSITION

Article 181 of the Constitution gives the steps to be followed to remove a governor but does not mention anything about the deputy.

Section 33 of the Act also does not say what should be done to send a deputy governor home. Sub-section 10 only talks about filling of the positions of governor and deputy governor.

“A vacancy in the office of the governor or deputy governor arising under this section shall be filled in the manner provided for by Article 182 of the Constitution,” says the law.

Senate Majority Leader Kithure Kindiki, however, said the spirit of the Act covers both the county boss and the deputy.

“The procedure followed in impeaching a governor is also applicable for the deputies,” said Prof Kindiki on the phone on Tuesday.

He is now drafting a Bill that would clear the gap in the law and specify what to do to sack deputy governors.

A lawyer who represented Embu Governor Martin Wambora before a senate committee hearing his proposed removal, Mr Peter Wanyama, agreed that there was no law to guide this process, but said the High Court had clarified what to do.

“It is a legal challenge that came up during proceedings to impeach Mr Wambora. I agree in principle that the Constitution and the County Government Act don’t have provisions for the removal of a deputy governor. However, the High Court in Kerugoya ruled that the removal proceedings should be similar to those for governors,” said Mr Wanyama in a telephone interview.

The Impeachment of Governors and Deputy Governors Bill, 2014 provides a clear path to follow when pushing for the removal of a deputy county boss.