Ask a lawyer:
How can we impeach my current MP?
Impeaching a Member of Parliament (MP) in Kenya involves a specific legal process outlined in the Constitution and relevant legislation. Here are the key steps and conditions under which an MP can be impeached:
Grounds for Impeachment:
An MP can be removed from office for various reasons, including gross misconduct, violation of the Constitution, or abuse of office. Specific grounds are usually detailed in the legislation enacted by Parliament.
Initiating the Process:
A motion for the impeachment of an MP can be initiated by a member of the National Assembly. This motion must be supported by at least a third of all the members of the National Assembly to proceed.
Right of Recall:
According to Article 104 of the Constitution, the electorate has the right to recall their MP before the end of the term. This process is governed by legislation that outlines the grounds and procedures for recall. Typically, this involves collecting a certain number of signatures from registered voters in the MP's constituency.
Legislative Framework:
Parliament is required to enact legislation that provides for the circumstances and procedures under which an MP can be recalled. This includes the specific grounds for recall and the process for collecting and verifying signatures from the electorate.
Parliamentary Authority:
The parliamentary authority to impeach an MP is part of the broader legislative reforms under the new Constitution. This authority ensures that MPs can be held accountable for their actions while in office.
Examples and Precedents:
There have been instances where MPs and other public officials have been impeached for gross misconduct and abuse of office. These cases serve as precedents and provide a framework for how the process is carried out.
For more detailed information, you can refer to the following sources:
Sources:
Kenya Law Reform Commission - Removal of President by Impeachment ↗
Kenya Law Reform Commission - Vacation of Office of Member of Parliament ↗
Answered by mwakili.com