Jubilee will have to impeach both Raila and Kalonzo to get back the Presidency

by Odipo Riaga · September 11, 2017

Temporary President Uhuru Kenyatta has threatened to impeach Raila Odinga if by any chance Raila Odinga is elected as Kenya’s fifth President. Mr. Uhuru Kenyatta actually said they have the numbers to carry out the impeachment within two to three months after the likely event Raila is elected. The statement by Uhuru Kenyatta has sparked impeachment debate on social media, with many getting the implications of such an impeachment wrong.

NASA supporters have somehow welcomed the statement, arguing that the statement is proof Uhuru Kenyatta has finally accepted the real possibility of Raila becoming President after October 17th fresh elections. Although they have received the threats positively, most of them construe the statement to imply that President Uhuru wants another election within three months after Raila has been elected.

“President Uhuru has sensed defeat by Raila Odinga. The president confirmed this by threatening to impeach Raila in three months period in case he wins the presidential elections repeat. I wish to remind president Uhuru that as you impeach Raila Odinga,we will still vote him as our president. Impeach as we vote him again and again. You will use tyranny of numbers in parliaments, as we use tyranny number of Kenyans to vote Raila again. Hatatukubali kutishwa tiswa na namba zenu hizo. We also have our numbers”, posted one NASA supporter on Facebook.

Probably Uhuru Kenyatta would be thinking the same – that he may be able to send the country through another election after successfully impeaching President Raila Odinga. If he is thinking that, then he just like the NASA supporters who haven’t read the constitution has got it all wrong – succesfully impeaching President Raila Odinga will not lead to another election immediately, they will have to impeach the Deputy President too.

On how and why the President of Kenya can be impeached, the Constitution of Kenya in Article 145 provides as follows:

(1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President—

(a) on the ground of a gross violation of a provision of this Constitution or of any other law;

b) where there are serious reasons for believing that the President has committed a crime under national or international law; or

(2) If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly—

a) the Speaker shall inform the Speaker of the Senate of that resolution within two days; and

b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

(3) Within seven days after receiving notice of a resolution from the Speaker of the National Assembly—

a) the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the President; and

b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.

(4) A special committee appointed under clause (3) (b) shall—

a) investigate the matter; and

b) report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.

(5) The President shall have the right to appear and be represented before the special committee during its investigations.

(6) If the special committee reports that the particulars of any allegation against the President—

a) have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or

b) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.

7) If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.

If The President ceased to hold office pursuant of Article 145 above, Article 146 that deals with vacancy of a President’s office stipulates in subarticle 2 (a) that “the Deputy President shall assume office as President for the remainder of the term of the President”.

The foregoing clearly shows that the only way Jubilee can take over the Presidency is when both the President and Deputy President are of the equation so that the Speaker of National Assembly can take over as the President of Kenya. But then the Speaker becomes the President, then the country shall hold an election within 60 days after the vacancy arose.