The impeachment of county leaders has become a prominent feature of Kenya’s political landscape, with senators handling an increasing number of cases in recent years.
Advocate Elias Mutuma, speaking in an interview with Radio Generation on Wednesday, described this term of Parliament as one of the busiest for impeachment proceedings.
“This term of Parliament alone, that’s from 2022 to date. So I have done a total of seven impeachments from the county assembly through to Senate,” Mutuma said, noting that he expects even more activity in the next Parliament as lawmakers become more familiar with the process.
Mutuma explained that impeachment was intended as a strong accountability mechanism enshrined in the Constitution.
However, he said political interference and conflicting interests often hinder its proper use.
“There is a lot of political manipulation of the process. There are a lot of vested interests,” he added. He also highlighted the absence of a clear legal framework to guide the proceedings.
He outlined the legal basis for impeachments under Section 33 of the County Government Act and Article 181 of the Constitution, focusing on governors.
County assemblies must first frame charges that meet a high threshold, demonstrating gross violations of the Constitution.
The charges are then presented for approval by at least two-thirds of assembly members before being forwarded to the Senate.
Governors are given the opportunity to respond, either in writing, through lawyers, or in person.
Once the Senate receives the motion, it has two options: refer the matter to an 11-member committee or handle it through a committee of the plenary, which involves the full house hearing the charges.
“It is supposed to be a quasi-judicial process, meaning that Senate will convert itself into a judicial institution,” Mutuma said.
Senators act as judges, evaluating evidence, questioning witnesses, and deliberating before voting. Only the 47 elected senators participate, with a simple majority determining the outcome.
Since 2022, the Senate has processed five motions against three governors, with only one resulting in removal from office.
Two deputy governors also faced impeachment, with only the Kisii case leading to dismissal.
Overall, Kenya has seen at least 20 impeachment attempts since county governments were introduced in 2013.
Eight succeeded, while the remainder failed either due to unsubstantiated charges or procedural issues.
Earlier cases included attempts against former Embu Governor Martin Wambora, late Nyeri Governor Nderitu Gachagua, Murang’a’s Mwangi wa Iria, Kericho’s Paul Chepkwony, and Taita Taveta’s Granton Samboja. Of these, only Wambora’s impeachment was upheld initially but later overturned by the courts.
This year , Senate has handled three impeachment cases, where Meru’s first female Governor Kawira Mwangaza was impeached.
Kericho Governor Erick Mutai survived his second impeachment attempt at the Senate, escaping on a technicality. His case followed that of Isiolo Governor Abdi Guyo, whose ouster was similarly dismissed after MCAs failed to prove that a lawful sitting had been held to pass the impeachment motion.
