The impeachment of a Cabinet Secretary in Kenya is a constitutional process governed by Article 152 of the Kenyan Constitution. A Cabinet Secretary can be removed from office either by resignation, dismissal by the President, or impeachment through the National Assembly.
Grounds for Impeachment of a Cabinet Secretary
A Cabinet Secretary can be removed if they are found guilty of:
✔ Gross violation of the Constitution or any law.
✔ Committing a serious crime under national or international law.
✔ Gross misconduct in the execution of duties.
Step-by-Step Process to Impeach a Cabinet Secretary
📌 Step 1: Motion for Impeachment
✔ A Member of the National Assembly (MP) submits a motion for the removal of a Cabinet Secretary.
✔ The motion must be supported by at least one-quarter of MPs in the National Assembly.
📌 Step 2: Approval of Motion
✔ If at least one-third of MPs approve the motion, the National Assembly proceeds to the next step.
📌 Step 3: Formation of a Select Committee
✔ The National Assembly appoints a Select Committee of 11 members to investigate the allegations.
✔ The Cabinet Secretary has the right to appear before the committee and present their defense.
📌 Step 4: Committee Investigation
✔ The Select Committee investigates the allegations within 10 days and prepares a report.
📌 Step 5: Committee Report to the National Assembly
✔ If the committee finds the allegations unsubstantiated, the impeachment process stops.
✔ If the allegations are substantiated, the National Assembly proceeds with the impeachment.
📌 Step 6: Cabinet Secretary’s Right to be Heard
✔ The Cabinet Secretary is given an opportunity to defend themselves before the National Assembly.
📌 Step 7: Voting by the National Assembly
✔ MPs vote on the resolution to dismiss the Cabinet Secretary.
✔ If a majority of MPs support the impeachment, the process moves to the next stage.
📌 Step 8: Submission of Resolution to the President
✔ The Speaker of the National Assembly delivers the resolution to the President.
✔ The President must dismiss the Cabinet Secretary if the resolution is approved.
Outcome of the Impeachment Process
🔹 If the allegations are unsubstantiated, the Cabinet Secretary remains in office.
🔹 If the allegations are substantiated, the President must dismiss the Cabinet Secretary.
🔗 For more details, refer to the Kenyan Constitution.
