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How can we impeach my current MP?

To address the question of how to impeach a Member of Parliament (MP) in Kenya, I will refer to the following sources:

  • The Constitution of Kenya, 2010

  • The Elections Act, 2011

  • The Parliamentary Powers and Privileges Act, 2017

  • The Leadership and Integrity Act, 2012

Grounds for Impeachment

Constitution of Kenya, 2010:

  • Article 103: This article outlines the circumstances under which a Member of Parliament may lose their seat. These include:

    • If the MP resigns in writing addressed to the Speaker.

    • If the MP is absent from eight sittings of the House without permission.

    • If the MP ceases to be eligible to be elected as an MP.

    • If the MP is found to have violated the provisions of Chapter Six of the Constitution, which deals with leadership and integrity.

Leadership and Integrity Act, 2012:

  • Section 35: This section provides for the removal of a state officer, including MPs, for contravening the provisions of the Act, which include:

    • Dishonesty in the conduct of public affairs.

    • Abuse of office.

    • Gross misconduct.

Procedure for Impeachment

Elections Act, 2011:

  • Section 45: This section outlines the procedure for the recall of a Member of Parliament. The steps include:

    • A petition must be filed by a registered voter in the constituency.

    • The petition must be supported by at least 30% of the registered voters in the constituency.

    • The petition must be submitted to the Independent Electoral and Boundaries Commission (IEBC).

Parliamentary Powers and Privileges Act, 2017:

  • Section 16: This section provides for the establishment of a committee to investigate allegations against an MP. The steps include:

    • The Speaker of the National Assembly or Senate must receive a written notice of the allegations.

    • The Speaker refers the matter to the relevant committee.

    • The committee investigates the allegations and reports back to the House.

    • The House debates the report and makes a decision.

Steps to Impeach an MP

  1. Identify Grounds for Impeachment:

    • Determine if the MP has violated any provisions of the Constitution, the Leadership and Integrity Act, or any other relevant laws.

  2. File a Petition:

    • A registered voter in the constituency must file a petition with the IEBC.

    • The petition must be supported by at least 30% of the registered voters in the constituency.

  3. Submit the Petition:

    • Submit the petition to the IEBC for verification and processing.

  4. Committee Investigation:

    • The Speaker refers the matter to the relevant committee for investigation.

    • The committee conducts an investigation and prepares a report.

  5. House Debate and Decision:

    • The House debates the committee's report.

    • A decision is made based on the findings of the report.

  6. Recall Election:

    • If the House decides in favor of impeachment, a recall election is held to replace the MP.

Conclusion

Impeaching an MP in Kenya involves a detailed process that includes identifying grounds for impeachment, filing a petition, committee investigation, and a House decision. The relevant legal provisions are found in the Constitution of Kenya, the Elections Act, the Parliamentary Powers and Privileges Act, and the Leadership and Integrity Act.

If you need further assistance or specific legal advice, it is advisable to consult with a legal professional who specializes in Kenyan constitutional and electoral law.

I hope this comprehensive answer helps you understand the process of impeaching an MP in Kenya.

Answered by mwakili.com