What happens when a deputy governor is impeached..

Senators on Thursday, March 14 voted overwhelmingly to remove Kisii Deputy Governor, Robert Monda from office.

Monda was found guilty of gross violation of the Constitution, abuse of office, gross misconduct, and a breach of national laws.

On gross violation of the Constitution, 39 Senators voted yes and three voted no, while one abstained on the charge of abuse of office. On the charge of gross misconduct; 35 Senators voted yes, seven voted no, and one abstained while on crimes under national law charge, 32 senators yes, nine voted no, with one abstaining.

He becomes the first deputy governor to be impeached under the 2010 Constitution.

When can a deputy governor be impeached?

According to the law, a Deputy Governor can be removed if he or she violates the Constitution or any other law, commits a crime under national or international law, abuses office, or displays gross misconduct.

When that happens, the MCAs move a motion to remove him or her by filing a notice to the speaker of the assembly. The motion must receive the support of two-thirds of all the members to go ahead.

Former Nyeri County Assembly Speaker John Kaguchia advises that during a deputy governor’s impeachment, the process of impeaching a governor should be adopted.

“When a Deputy Governor is facing impeachment, what will guide the county assembly and the Senate is the process of impeaching a Governor, ” says Kaguchia.

Role of Senate in Impeachment

Once the impeachment motion has gone through in the county assembly, the law states that the county assembly speaker shall then inform the Senate speaker within two days in writing.

The deputy governor will however continue to perform the functions of the office pending the outcome of the impeachment process.

At the Senate, the speaker convenes a meeting whose aim is to hear the charges the county assembly brought against the deputy governor.

The Senate then appoints a special committee comprising eleven members to investigate the matter, which should occur within seven days from when the Speaker received the notice of impeachment. The special committee of the Senate then investigates the matter and reports to the Senate within ten days. The report should contain details on whether it finds proof for the charges the accuser brought against a deputy governor.

During the process, the deputy governor has the right to appear and be represented before the committee to defend himself.

If the special committee finds no proof against the allegations facing the Deputy Governor, then the proceedings end there.

If it finds proof, the Senate proceeds to vote on impeachment charges which only takes place after the assurance that the deputy governor receives a fair hearing.

If a majority of the members of the Senate vote to uphold the impeachment, the deputy governor ceases to hold office.

If the recommendations vote to reject the impeachment charges, the Senate speaker should notify the speaker of the respective county assembly.

The same charges can however be introduced before the assembly after three months from the day the Senate votes against the impeachment.

Vacancy in the Deputy Governor office

If the Senate upholds the assembly’s impeachment of the deputy governor, this will mean there will be a vacancy in the position.

When this happens, the onus is on the county governor to nominate a new deputy within 14 days.

MCAs will then vote on whether to approve or reject the nomination within 60 days.

The fate of Kisii County

Kisii County Governor Simba Arati is expected to flag a new deputy within the next 14 days and then later allow members of his county assembly to approve or reject his new deputy.