The Law on Removing a President: Explained
Citing Article 1, Sections One and Two of the Constitution, the leader of the Azimio party, Raila Odinga, has launched a petition to remove President William Ruto from office by collecting 10 million signatures by the end of the following week.
The Constitution, however, states that a president can only be removed from office through the Parliament on two grounds: impeachment and incapacity.
In the case of impeachment, a legislator advances a motion for impeachment on three grounds with the support of at least a third of all MPs.
They include a flagrant violation of a provision of the Constitution or any other law, compelling evidence that the President has committed a crime under national or international law, or gross misconduct.
If at least two-thirds of all members of the National Assembly support the motion, the Speaker will notify his Senate counterpart within two days.
Within seven days of receiving the resolution from the National Assembly, the Senate Speaker will convene a meeting to hear the allegations against the President.
By resolution, the Senate appoints a special committee of eleven senators to investigate the matter. The special committee is tasked with investigating the allegations against the President and reporting back to the Senate within ten days on whether or not the allegations have been proven.
During its investigations, the President has the right to appear and be represented before the special committee to determine one of two outcomes.
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If the special committee determines that the specifics of any allegation have not been established, no further action is to be taken under Article 145 regarding that allegation. If the special committee determines that any of the specific allegations made against the President have been proven, the Senate will allow the President to be heard.
The House will then vote on the allegations of impeachment. According to the Constitution, if at least two-thirds of all Senate members vote to sustain an impeachment charge, the President must resign.
According to Article 144 of the Constitution, if the chief of state is unable to perform their duties due to mental or physical incapacity, they will be removed from office.
This process involves Parliament, the Chief Justice, and a tribunal that prepares a report to determine whether or not the president is competent.
The Members of Parliament would then vote on the report if it concludes that the President is incapacitated. If a majority of all members vote in favor of ratifying the report, the President’s term of office will end.
The Law on Removing a President: Explained
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