More Trouble Looms for Impeached Governors in New IEBC Proposal
Governors in Kenya could face stricter restrictions if the Independent Electoral and Boundaries Commission (IEBC) has its way. In a recent proposal to the Senate, the IEBC recommended that impeached governors not be allowed to hold office longer than six months while waiting for a court’s verdict on their appeal. This proposal aims to bring a swift conclusion to impeachment disputes and prevent governors from regaining office during lengthy legal battles. The Senate now faces a critical decision that could significantly impact the future of county leadership in Kenya.
Swift Justice for Impeached Governors
The IEBC’s proposal, presented by Ruth Kavuo from the Commission’s legal department, suggests that court cases involving impeached governors should be resolved within six months, mirroring the timeline for election petitions. If a court fails to reach a verdict within this period, the Senate’s decision would stand, effectively removing the governor from office. According to Kavuo, this approach would prevent legal cases from dragging on indefinitely and ensure that impeachments reach a timely resolution.
The issue of impeached governors returning to office after their removal has raised concerns among lawmakers. Isiolo Senator Fatuma Dullo questioned why governors could resume office despite being impeached. Kavuo responded by citing the example of Meru County, where Governor Kawira Mwangaza resumed her duties shortly after the Senate upheld her impeachment. This incident highlighted the need for clear guidelines to prevent such scenarios from recurring.
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Strengthening the Impeachment Process
The IEBC’s recommendations were made during the Senate’s review of the County Governments (State Officers’ Removal from Office) Procedure Bill, 2024. This Bill, introduced by Kiambu Senator Karungo Thang’wa, seeks to establish a more detailed and transparent procedure for impeaching county governors, their deputies, county ministers, county secretaries, and county assembly speakers. By setting specific timelines and procedures, the Bill aims to enhance the integrity of the impeachment process and ensure that it does not suffer exploitation for political gain.
Kavuo emphasized that after impeaching a governor, they should not return to office as if nothing happened. She pointed out that in Meru County, the Senate announced Governor Mwangaza’s impeachment before a court order halted it. Despite this, Mwangaza resumed her duties, causing confusion and controversy. To prevent similar situations, the IEBC’s proposal aims to finalize the Senate’s decision if the courts do not act within six months.
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This proposal also addresses instances where impeached governors have returned to office through court orders. For example, former Wajir Governor Mohamed Mohamud and Embu Governor Martin Wambora regained office after the Senate upheld their impeachments. Mohamud obtained a court order that allowed him to resume his duties, while Wambora, despite facing impeachment twice, successfully challenged his removal in court and completed his term in office.
Setting New Rules for Impeachment
In addition to the six-month timeline, the IEBC also proposed prohibiting the impeachment of governors within the first two years of their term, aligning this rule with the recall procedures for Members of Parliament and Senators. Kavuo argued that setting a minimum term before initiating impeachment would stabilize county governments and prevent politically motivated impeachments. The Council of Governors (CoG) supported this proposal, noting that it would give governors enough time to implement their agendas without the threat of early impeachment.
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The CoG’s submission emphasized the need for clarity and transparency in the impeachment process. According to CoG Chief Executive Officer Mary Mwiti, the Bill would ensure that all parties involved in an impeachment motion understand the grounds and procedures, thereby promoting fairness and due process. Mwiti also supported the IEBC’s proposal to introduce a one-year gap between impeachment motions, allowing governors time to address issues raised in previous motions before facing another impeachment attempt.
Key Takeaways
The IEBC’s proposal to impose a six-month limit on court cases involving impeached governors and other recommendations to strengthen the impeachment process could have far-reaching consequences for county leadership in Kenya. By introducing clear timelines and procedures, the proposal aims to bring stability to county governments and prevent the abuse of the impeachment process for political purposes. As the Senate deliberates on these recommendations, the future of impeached governors hangs in the balance, with potential implications for governance across the country.
More Trouble Looms for Impeached Governors in New IEBC Proposal.
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