The Legality and Fairness of the Impeachment of County Governors in Kenya: a Suppression of the Spirit of Devolution?

Abstract

Article 181 of the Constitution of Kenya 2010 provides for several grounds under which a county governor can be removed from office. This includes; a gross violation of the Constitution, where there are serious reasons to believe that the governor has committed a crime; abuse of office or gross misconduct; physical or mental incapacity to perform the functions of the office of county Governors. The process can emanate from the national assembly within the confines of legislation by parliament which stipulates the procedure of removal. This study appraises the framework for the impeachment process initiated by the Members of the County Assemblies (MCA‟s, in particular, the legality and fairness of their actions. Using constitutional theories, theories of justice and rule of law principles, the research hopes to identify the immediate challenges and future barriers in operationalizing this provision. In light of the foregoing, this study takes the view that, as Kenya proceeds down the devolution path, it may be well worth reflecting on other countries‟ experiences with this form of government. Given South Africa‟s experience over the past 20 years, Kenya may want to consider some of the hard lessons that South Africa has learnt, and also train its system along with the South African one, albeit with moderation. This, together with the experience of the US and Nigeria, can solve the going subjective impeachments in Kenya