Grounds for Legal Removal of Deputy President in Kenya

The office of the Deputy President is very important just like the office of the president, in Kenya. However, the Constitution of Kenya, 2010 reinforces the principle that all the government office holders, regardless of their positions, be answerable to the law.

If any office holder, including the deputy President, is found guilty of committing offences against the supreme law of the land, they can be removed from their offices even without completing their term limits. Nonetheless, removal of a Deputy President in Kenya is a serious and complex process, thus explaining the dire need for accountability at the highest levels of government.

For a conversation of impeaching the deputy President to be tabled on the National Assembly, there must be serious allegations that can be approved by the constitutional grounds. These include:

Gross Misconduct

A DP can be impeached if any of his actions is considered highly inappropriate for someone of his calibre holding the office of Deputy President. These inappropriate behaviours cut across all forms, including corruption and other unethical behaviours that scatter the integrity of the office of the deputy President.

READ ALSO: Impeachment of Deputy President Rigathi Gachagua Draws Closer as Motion Heads to Parliament

Gross Violation of the 2010 Constitution and nternational Law

If a deputy President commits actions considered to go against the supreme law of the land, including abuse of the power of that office, the constitution provides grounds for his impeachment. Similarly, the DP can be removed from the office if proven to have had a hand participating in illegal activities as well as if found guilty of undermining constitutional institutions like defying court orders and etcetera.

Incapacity

A DP can be impeached on grounds of failing to deliver his duties as enshrined in the 2010 Constitution. This could be as a result of insanity or any other form of physical health that renders the DP incapable of discharging functions of the office. This must be demonstrated and substantiated beyond any reasonable doubt

Crimes under Kenyan or International Law

Involvement in criminal activities, whether under national or international law, can also lead to the impeachment of the Deputy President from the office.

If found guilty of any of the above, the impeachment process can legally be initiated. However, the legal process is strictly initiated through the National Assembly.

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