Ask a lawyer:
How can we impeach my current MP?

The process of impeaching a Member of Parliament (MP) in Kenya is outlined in the Constitution of Kenya, 2010. Here are the steps involved:

1. Collection of signatures: A petition for the impeachment of an MP must be signed by at least one-third of the registered voters in the MP's constituency. The petition must state the specific grounds for impeachment, which must be based on one or more of the following:

   • Gross violation of the Constitution

   • Wilful violation of any other law

   • Gross misconduct

   • Inability to perform the functions of office due to physical or mental incapacity

2. Submission of the petition: The petition must be submitted to the Speaker of the National Assembly. The Speaker will then refer the petition to the Powers and Privileges Committee for investigation.

3. Investigation by the Powers and Privileges Committee: The Powers and Privileges Committee will investigate the allegations against the MP and prepare a report. The report will be presented to the National Assembly for debate.

4. Debate in the National Assembly: The National Assembly will debate the report of the Powers and Privileges Committee and vote on whether or not to impeach the MP. A two-thirds majority vote is required to impeach an MP.

5. Removal from office: If the MP is impeached, they will be removed from office and a by-election will be held to fill the vacant seat.

Sources:

• Constitution of Kenya, 2010 ↗

• Powers and Privileges Committee of the National Assembly ↗